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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
The Village Plan Commission shall have the duties and responsibilities set forth in Chapter 7, Art. III, of the Code of the Village of Elm Grove. The Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.
The Village Building Board shall have the duties and responsibilities set forth in Chapter 7, Art. I of the Code of the Village of Elm Grove. In general, the Building Board shall review all building plans for any building or sign constructed or erected in the Village of Elm Grove.
The Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Building Inspector shall assist the Zoning Administrator in the administration and enforcement of this chapter. The Zoning Administrator shall further:
A. 
Maintain records of all permits issued and inspections made.
B. 
Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts.
C. 
Provide for the inspection of all structures, lands and waters as often as necessary to assure compliance with this chapter.
D. 
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises, and report uncorrected violations to the Village Attorney in a manner specified by him.
E. 
Assist the Village Attorney in the prosecution of ordinance violations.
F. 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him or her to ensure compliance with this chapter. If, however, he or she is refused entry after presentation of his or her identification, he or she may procure a special inspection warrant in accordance with § 66.122, Wis. Stats.[1]
[1]
Editor's Note: Section 66.122 was renumbered as § 66.0119 by 1999 Act 150, §§ 287 through 290.
G. 
Prohibit the erection or use of any structure, land or water through the issuance of a stop order, which order shall halt any work on the structure, or bar any use or prohibit occupancy of any structure, land or water until the Zoning Administrator has inspected and approved such use or erection.
H. 
Request assistance and cooperation from the Village Police Department and Village Attorney as deemed necessary.
I. 
Make available to the public, to the fullest extent possible, all reports and documents concerning the Village's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The Plan Commission may set fees necessary to recover the cost of providing information to the public. Where useful, the Zoning Administrator, or his or her agent, may set marks on bridges or structures or other markers which show the depth of the one-hundred-year recurrence interval flood; or may set marks delineating the boundaries of wetlands.
Applications for a building permit shall be made to the Building Inspector and shall include such plans and information as required by § 106-3 of the Code of the Village of Elm Grove. In addition:
A. 
Residential site and building plans to be submitted to the Building Board. Every builder of any residential structure hereafter erected or structurally altered shall, before a building permit is issued, present detailed site plans pertaining to the proposed structure to the Village Building Board, which will approve said plans only after determining that the proposed structure will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or traffic congestion, or otherwise endanger the public health or safety or substantially diminish or impair property values within the neighborhood. Site plans shall show, as a minimum: proposed ingress and egress to the site; a parking plan showing the amount and arrangement of parking and proposed potential locations of covered parking; and an open space utilization and landscaping plan.
B. 
Business, industrial and site plans other than residential to be submitted to the Building Board and Plan Commission. Every builder of any structure, other than residential structures, hereafter erected or structurally altered shall, before a building permit is issued, present detailed site plans pertaining to the proposed structure to the Village Building Board and the Village Plan Commission, each of which will approve said plans only after determining that the proposed structure will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or traffic congestion, or otherwise endanger the public health or safety or substantially diminish or impair property values within the neighborhood. Site plans shall show, as a minimum: proposed ingress and egress to the site; a parking plan showing the amount and arrangement of parking and proposed potential locations of covered parking; and an open space utilization and landscaping plan.
[Amended 10-24-2006]
A. 
Plan of operation review and approval requirements.
(1) 
No person shall operate, and no property owner shall allow the operation of, a commercial enterprise, industry, home business, church, school, nonprofit organization or other nonresidential use without first obtaining the approval of a plan of operation from the Plan Commission as set forth in this section, and no residential or nonresidential activity shall be engaged in or carried on, except as approved in the plan of operation permit. All plans of operation as required by this chapter shall include written verification of the nature and scope of the proposed use from the property owner or his registered agent. For activities that require a plan of operation, property owner(s) and business operator(s) shall have a joint, ongoing obligation to obtain, maintain, and amend plans of operation pursuant to the requirements of this section for all such activities occurring on the owner's property.
(2) 
As persons or entities requiring a plan of operation change the nature of the person's or entity's activity so as to change the category of its use as defined by § 335-32J, approval of an amended plan of operation shall be required.
(3) 
The Zoning Administrator is permitted to approve plans of operation where the nonresidential use does not change and the new business at that same location would not result in additional employees, changes in hours of operation or a significant increase in the flow of traffic.
(4) 
If implementation of an approved plan of operation has not been initiated within one year from the date of issuance, said plan of operation shall become void.
(5) 
Notwithstanding the provisions of § 335-85A(4), an extension may be granted by the Plan Commission should circumstances warrant. The applicant for the plan of operation and the property owner or his registered agent shall be jointly responsible for timely securing such an extension.
B. 
Temporary plan of operation permits. Temporary plan of operation permits are required for seasonal business operations, such as fruit and vegetable stands. In addition, a temporary plan of operation permit shall be required for any business operation that seeks to temporarily deviate from its approved hours of operation or plan of operation on file, excepting special events as may be permitted under Chapter 241 of the Village Code. The length of the temporary permit shall be established at the time of permit issuance. The Zoning Administrator may approve a temporary plan of operation permit unless s/he determines that the proposed event is of such a magnitude that it warrants additional review, in which case the Zoning Administrator shall have discretion to refer said temporary plan of operation to the Plan Commission for review and consideration.
C. 
Plan of operation permit exemptions. The following public uses are exempt from plans of operation permit requirements:
(1) 
Municipal facilities.
(2) 
Public schools.
D. 
Required information for a plan of operation permit. All plans of operation shall be submitted to the Zoning Administrator on forms supplied by the Village. The applications for plan of operation permits shall show the following information:
(1) 
Name, type and address of the business or institution.
(2) 
Name, address, and contact information of the property owner.
(3) 
Name and address of the business owner (name partners for a partnership and directors for a corporation or L.L.C.).
(4) 
Name, address, and contact information of the operator of the activity at the identified premises, if other than the property owner.
(5) 
The proposed hours of operation and activities to occur both inside and outside all principal and accessory structures.
(6) 
The number of full-time and number of part-time employees, including the average number of employees per shift.
(7) 
Verify that the Village has current site and floor plan information on file. If such records do not exist, current site and floor plan information, with dimensions, shall be provided for all commercial buildings.
(8) 
Parking, as required by this chapter.
(9) 
Description of business activity and processes, including the use of any hazardous and flammable materials (as identified within SARA Title III: The Emergency Planning and Community Right-to-Know Act) or equipment that emits noise or vibration audible from the outside of the building.
(10) 
Signage and illumination of building exterior.
(11) 
Such additional information as may be determined by the Plan Commission or Zoning Administrator for plan of operation approval.
E. 
Criteria for plan of operation approval. The following criteria will be used by the Plan Commission in reviewing applications for plan of operation permits:
(1) 
Proximity to residential neighborhoods and the potential for disturbing and disrupting residential uses.
(2) 
Adequacy of the principal structure and other structures on the site for the proposed activity. Plan of operation permits will only be issued to businesses to be conducted in permanent structures. Temporary plan of operation permits may be issued, at the discretion of the Plan Commission, for temporary structures or facilities not on a permanent foundation, such as wheeled-trailers, vendor carts and seasonal stands.
(3) 
Availability of adequate parking to meet the needs of employees and customers.
(4) 
Adequacy of street access.
(5) 
Compliance with all other applicable provisions of this chapter.
F. 
Hours of operation.
(1) 
Authority. Based upon the impact on residential areas in proximity to commercial uses and the cost of police protection and other public services necessary to adequately serve the business with extended hours of operation, the Village Board finds that it is necessary to limit hours of operation for all businesses.
(2) 
Hours allowed. The plan of operation required by this section shall contain a proposal for hours of operation. No business may be open to the public between the hours of 11:00 p.m. and 5:00 a.m. except for the following uses:
(a) 
Gasoline stations.
(b) 
Gasoline stations with incorporated food marts (under 5,000 square feet).
(c) 
Hotels and motels.
(d) 
Twenty-four-hour package and delivery service.
(e) 
Restaurants and taverns.
(f) 
Any other business entity if approved by the Board of Trustees.
(3) 
Setback from residences. All twenty-four-hour operations approved by the Village after the effective date of this chapter shall conform to a setback of 200 feet from any abutting residential property line.
G. 
Enforcement and penalties. Any property owner, tenant or other person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 335-92.
(1) 
In the case of multi-tenant buildings, no plans of operation shall be reviewed or issued if the building owner or registered agent is found in violation of this chapter.
H. 
Appeals. Any person aggrieved by the decision of the Zoning Administrator or Plan Commission under this subsection may appeal to the Board of Appeals pursuant to § 335-70.
I. 
All business operators and property owners in the Village are required to file a complete and updated plan of operation to the Zoning and Planning Administrator, consistent with the requirements of § 335-85 of the Village Code, within 120 days of the effective date of this section.
A. 
Conditional use permits. The Village Board may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or community.
B. 
Application. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following information:
(1) 
Names and addresses of the applicant, owner of the site, architect, professional engineer and/or contractor, and all opposite and abutting property owners of record.
(2) 
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.
(3) 
Survey prepared by a registered land surveyor showing the location, property boundaries, dimensions, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; and areas subject to inundation by floodwaters. The survey shall also show the location, elevation and uses of any abutting lands and their structures that are located with 40 feet of the subject site; soil mapping unit lines, types and slopes; ground surface elevations; mean and historic high-water lines on or within 40 feet of the subject premises; and existing and proposed landscaping when so required by the Plan Commission.
(4) 
In areas subject to inundation by floodwaters, the survey provided by the applicant shall also include first floor elevations, utility elevations, historic and probable future floodwater elevations, depth of inundation, floodproofing measures and plans for proposed structures with dimensions and elevations pertinent to the determination of the hydraulic capacity of the structures or their effect on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a licensed professional engineer or architect attesting to the adequacy of the floodproofing measures to withstand flood forces and velocities associated with a one-hundred-year recurrence interval flood. Prior to the issuance of a certificate of compliance, the applicant shall also submit a certification by the licensed professional engineer that the finished floodproofing measures were accomplished in compliance with the provisions of this chapter.
(5) 
Additional information as may be required by the Village Board, Village Plan Commission, Village Engineer or the Zoning Administrator.
C. 
Plan Commission review.
(1) 
The Village Plan Commission shall review all applications for conditional use permits. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sound and vibration generation, sewerage and water systems and the proposed plan of operation for compliance with the Code of Ordinances and the purpose and intent of this chapter.
(2) 
The Plan Commission shall report its findings to the Village Board within 60 days and may recommend conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, drainage, sound and vibration generation reduction or elimination, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards and parking requirements, where such conditions are deemed necessary to fulfill the purpose and intent of this chapter.
D. 
Public hearing. The Village Board shall hold a public hearing upon each application after receiving the recommendation from the Plan Commission. A notice shall be posted for at least 14 days prior to the public hearing giving the time and place for the hearing, and due notice shall be given to the parties in interest. At the hearing, the applicant may appear in person or by his or her agent or attorney.
[Amended 4-22-2008]
E. 
Village Board action. Following the public hearing, and after consideration of the Plan Commission's recommendations, the Village Board may grant the conditional use permit as applied for, grant the conditional use permit with conditions deemed appropriate by the Board or deny the permit. In addition:
(1) 
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic and highway access shall be required of all conditional uses unless a variance has been granted under Article IX of this chapter; provided, however, that the Village Board may, with the recommendation of the Plan Commission, authorize the reconstruction of a lawful pre-existing detached garage at its current location and in its current dimensions, notwithstanding noncompliance with the setback and minium square footage requirements of this chapter.
(2) 
Amendments. Changes subsequent to the initial issuance of a conditional use permit that result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall not be considered an amendment. The process for amending a permit shall generally follow the procedures for granting a conditional use permit.
(3) 
Revocation of conditional use permit. In the event an applicant or its heirs or assigns fail to comply with the conditions of the conditional use permit, or if the use, or characteristics of the use, is changed without prior approval by the Plan Commission, the conditional use permit may be revoked by the Village Board of Trustees. The process for revoking a permit shall generally follow the procedures for granting a permit.
F. 
Existing conditional uses. Lawful uses existing at the effective date of this chapter that would be classified as a conditional use in the particular district concerned if they were established after the effective date of this chapter shall be considered legal conditional uses without further action of the Village. Changes to or substitution of such conditional uses shall be subject to review and approval by the Village Board of Trustees in accordance with this section.
G. 
Notice to Department of Natural Resources. The Zoning Administrator shall transmit a copy of each application for a conditional floodland use or shoreland W-1 District conditional use to the Wisconsin Department of Natural Resources (DNR) for its review and comment. Action on such applications shall not be taken for 30 days or until the DNR has made its recommendation, whichever occurs first. A copy of floodland conditional use permits and shoreland W-1 District conditional use permits shall be transmitted to the DNR within 10 days of the effective date of such permit.
H. 
Conditional use review of communication structures. The following procedures and standards are applicable to proposed communication structures identified as conditional uses within this chapter. Terms within this section shall have the meanings found in § 335-50.1 and § 335-94.
[Added 10-13-1997; amended 8-25-2014]
(1) 
Application and review. The Village Manager shall determine an application to be complete and eligible for formal presentation to the Plan Commission and establishment of public hearing date only after the applicant has submitted information as required under this chapter.
(2) 
Fees and deposits. The Village Manager shall identify and estimate the need of the Village to engage expertise to assist the Village staff, the Plan Commission and the Board of Trustees in reviewing the application. Per the requirements set forth in § 30-3, the Village Manager shall inform the applicant of these requirements, and the amounts that the applicant will be required to pay shall be confirmed by the Plan Commission at its initial formal review and may be modified by the Plan Commission if additional expertise needs to be engaged. These amounts shall be due and payable by the applicant to the Village within the timetable established by the Village per § 30-3.
(3) 
Application documentation. The applicant shall submit in writing as part of its application the following documentation:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
Construction plan showing the location of the proposed or affected wireless Tower; and renderings showing site and structural features, including network components, Wireless Communication Antennas, transmitters, receivers, base stations, power supplies, cabling and any other associated equipment that is necessary to provide wireless communication service.
(c) 
If the application is a substantial modification of an existing Tower or Mobile Service Facility, the applicant shall submit a construction plan which describes the proposed modifications, including equipment and network components, antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.
(d) 
If the application is to construct a new Tower and/or a New Mobile Service Facility, a construction plan which describes the proposed structure and the equipment and network components, including antennas, transmitters, receiver's base stations, power supplies, cabling and related equipment to be placed on or around the new wireless tower.
(4) 
Co-location preference; public site preference.
(a) 
As a matter of municipal policy, the Village of Elm Grove strongly supports co-location (single locations accommodating multiple Wireless Communication Antennas and related facilities on a single Mobile Service Support Structure or groupings of Mobile Service Support Structures) and location of facilities on public property. Applicants proposing locations not conforming with these policy preferences shall have the burden of demonstrating the necessity of location on private property and/or as single-use or single-system Mobile Service Facilities. Sites and Mobile Service Facilities proposed for approval shall generally be sized and designed to allow flexibility for addition of more facilities by the same applicant entity or other entities, and the Village may negotiate terms and conditions facilitating co-location. Once approved, additional antennas and accessory facilities may be added to a site in accordance with the sharing conditions of the conditional use approval.
(b) 
Permittees shall exercise good faith in co-locating and/or clustering with other communication companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether the permittee has exercised good faith in accommodating other users, the Village may require a third-party technical study at the expense of either or both the applicant and complaining user.
(c) 
If an application seeks to construct a new Tower and Mobile Service Facility the applicant shall provide a written explanation, in addition to the other required submittal materials, as to the reason for the proposed location instead of co-location with an existing Mobile Service Facility. This explanation shall include a sworn statement by the individual who has the responsibility over the placement of the wireless Tower attesting that co-location is not possible due to the following factors;
[1] 
Co-location would not result in the same communication service functionality, coverage and capacity;
[2] 
Co-location is technologically infeasible; and
[3] 
Co-location creates an unreasonable economic burden to the wireless communication service provider.
(5) 
Additional criteria and requirements for conditional use permit.
(a) 
All changes made to towers exceeding what was requested in the original application or otherwise legally existing at the date of adoption of this subsection, including, but not limited to, adding microwave dishes, or increasing the height, or profile, shall require review and approval by the Plan Commission.
(b) 
All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore. Proper maintenance shall include, but not be limited to, regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept clear of junk and trash.
(c) 
Landscaping requirements.
[1] 
For all commercial towers over 50 feet in height, the tower base, accessory building, anchor points, and parking area shall be screened with a four-foot-tall (at time of planting) evergreen hedge consistent with the landscaping requirements for nonresidential properties.
[2] 
For towers of 180 feet or greater, at least one row of deciduous trees not less than a caliper of 2 1/2 inches' diameter at breast height (dbh) shall be planted between the tower and public rights-of-way and residential properties. The type and amount of required landscaping shall be determined by the Plan Commission on a case-by-case basis.
[3] 
The Plan Commission may allow an alternative landscaping or screening plan or waive the landscape requirements if it is determined that the landscaping will not serve a functional value based on existing topography or surrounding land uses.
(d) 
Every three years, beginning with the adoption of this subsection or following completion of construction of a tower, whichever is later, the owner of the tower shall submit to the Village Engineer a report from a structural engineer or other expert acceptable to the Village Engineer reflecting the fact that such tower is structurally sound and does not pose any threat to life or property.
(e) 
No apparatus shall be attached to any tower except as approved by the Plan Commission. Apparatus attached legally to existing towers prior to enactment of this subsection may remain but not be increased in any way except with approval of the Plan Commission. Approval of the Plan Commission for additional apparatus will be granted only after the applicant demonstrates a need for additional apparatus.
(f) 
Prior to final approval for new towers or within one year of the date of adoption of this subsection for existing towers, the tower owner shall furnish a financial guarantee, in the form of a letter of credit, to the Village in the amount of $20,000. The amount of such financial guarantee may be reviewed by the Plan Commission at any time to determine the sufficiency of such amount to remove the tower and restore the site upon which it is located. Funds from the financial guarantee letter of credit may be used by the Village to pay any professional fees associated with the removal of the tower and/or restoration of the site upon which it is located.
(g) 
Prior to final approval for new towers or within one year of the date of adoption of this subsection for existing towers, the owners shall furnish proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation or collapse of the tower, antennas or accessory building in a form satisfactory to the Village Attorney.
(h) 
This subsection applies to both towers existing at the time of adoption of this subsection and those constructed thereafter.
(6) 
Conditions. Conditional use approvals shall contain conditions addressing issues such as maintenance, including allocation of responsibilities and costs for maintenance in co-location situations, mandatory removal of towers upon termination of their use, security features and provisions allowing municipal access for inspection purposes, and related issues.
I. 
Short-term rentals.
[Added 5-30-2019]
(1) 
The purpose of this subsection is to ensure that the quality of short-term rentals operating within the Village is adequate for protecting public health, safety and general welfare, to protect the residential character, and stability of all areas within the Village of Elm Grove; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof.
(2) 
Definitions. For the purpose of this subsection, the following words and phrases shall have the following definitions:
CLERK
The Village Clerk of the Village of Elm Grove or designee.
DWELLING UNIT/AREA
A space within a structure which a natural person can use as a sleeping place. "Dwelling unit" as used in this subsection shall be as defined in Village of Elm Grove Code § 335-94.
PROPERTY OWNER
The owner of a short-term rental unit/area.
RESIDENTIAL PROPERTY
Any property having a dwelling unit/area located within a zoning district, consisting of the following zoning districts: RS-I, RS-2, R-II, RS-3, RS-4, RM-1, and RM-2 districts.
SHORT-TERM RENTAL UNIT/AREA
A dwelling unit/area on a residential property that is offered for rent for consideration and for fewer than 29 consecutive days, as defined in § 66.0615(1)(dk), Wis. Stats.
VILLAGE
The Village of Elm Grove, Wisconsin.
(3) 
Operation of short-term rental unit/area
(a) 
Any person maintaining, managing, offering, or providing a short-term rental unit/area for more than six consecutive days within each 365-day year, commencing on the first day of rental of a dwelling unit/area, shall obtain for such short-term rental unit/area a conditional use permit issued pursuant to the provisions of Village of Elm Grove § 335-86.
(b) 
Each short-term rental area requires a valid:
[1] 
State of Wisconsin tourist rooming house license where operation of the short-term rental unit/area exceeds 10 nights within a consecutive 365-day period;
[2] 
Seller's permit issued by the Wisconsin Department of Revenue;
[3] 
A conditional use permit issued pursuant to the provisions of Village of Elm Grove Code § 335-86 per Subsection I(3)(a) above.
(c) 
Operation of a short-term rental unit/area shall comply with all of the following:
[1] 
The total number of days that all dwelling unit/areas within a residential property may be collectively rented shall not exceed 180 days during any consecutive 365-day period.
[2] 
The residential property owner shall notify the Clerk in writing not less than 24 hours before the first rental within a 365-day period begins.
[3] 
Vehicular traffic shall not be generated that is greater than normally expected in the residential neighborhood, and provision shall be made for all vehicles associated with any person remaining overnight at a short-term rental unit/area to be parked within the residential property where the short-term rental unit/area is located.
[4] 
There shall not be excessive noise, fumes, glare, or vibrations generated during the period of dwelling unit/area use, including any activity, event or social function held outside the interior of the dwelling unit/area as described and restricted in § 335I(3)(c)[6] hereafter.
[5] 
No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement shall be permitted in any zoning district as a means of providing additional accommodations for persons using the residential property where the short-term rental unit/area is located.
[6] 
Any activity, event or social function held outside the interior of a residential property where the short-term rental unit/area is located or opened to the outside by the use of a patio, balcony, back or side yard, veranda or deck shall last no longer than one day occurring between the hours of 9:00 a.m. and 10:00 p.m. No outdoor music shall be allowed between 10:00 p.m. and 9:00 a.m. All activities shall be in compliance with other noise regulations of the Village. All property owners of a residential property where the short-term rental unit/area is located are responsible for complying with all regulations of any applicable room tax.
[7] 
There shall be compliance with all applicable state, county, and Village codes and ordinances.
[8] 
The property owners of a residential property where the short-term rental unit/area is located shall maintain for two past years the following written records for each rental of the dwelling unit/area: the full name and current address of any person(s) renting the residential property, the time period for that rental, cell phone number and e-mail address and the monetary amount or consideration paid for that rental and a description of value.
(4) 
Granting of short-term rental conditional use permit. For a short-term rental the application shall also contain the following information:
(a) 
Identify all the residential property owners' contact information including mailing address, e-mail address, physical address, cell phone number of property owner, and twenty-four-hour phone number available seven days a week;
(b) 
Specify the maximum number of dwelling units/areas within a residential property available for individual rentals.
(c) 
A copy of State of the Wisconsin license for a tourist rooming house issued under § ATCP 72.04, Wis. Adm. Code, for each short-term rental unit/area;
(d) 
A copy of a completed state lodging establishment inspection form for the entire residential property issued not more than six months before the date of the conditional use permit application.
(e) 
Short-term rental conditional use permits shall be issued for a one-year period and must be renewed annually subject to Village approval or denial.
(5) 
Issuance of a conditional use permit.
(a) 
A conditional use permit may be issued to the residential property owner(s) after review and a public hearing by the Village Plan Commission and upon approval by the Village Board. Transfer of a conditional use permit because of transfer or sale of a residential property is not permissible. Should such residential property be sold, then the conditional use permit shall automatically become void.
(b) 
The conditional use permit shall be reviewed on an annual basis by the Village Plan Commission to ensure compliance with all conditional use requirements.
[1] 
Such residential property may be inspected by the Police Department, Fire Department, Building Inspector or other authorized personnel of the Village to investigate and determine if any violations exist.
[2] 
A holder of a conditional use permit, in addition to being subject to a forfeiture prosecution for an ordinance violation arising, may have such permit revoked by the Village Board upon the holding of a hearing and finding of a repeated or substantial violation of any applicable provision of law.
(c) 
No conditional use permit shall be issued or renewed if the owner of, or the residential property which is the subject of an application, has any unpaid fees, taxes or forfeitures of any kind owed to any governmental unit.
(d) 
A conditional use permit for a short-term rental unit/area may be revoked by the Village Board for any of the following reasons:
[1] 
Failure to make payment for any unpaid fees, taxes or forfeitures of any kind owed to any governmental unit;
[2] 
Three or more calls for police service, building inspection or the Health Department for nuisance activities or other law violations in a consecutive twelve-month period;
[3] 
Failure to satisfy any required Village, county, and state licensing requirements;
[4] 
Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the Village;
[5] 
Failure by a residential property owner to properly dispose of trash upon the departure of a short-term renter, and in all cases to arrange for trash removal not less than once a week in addition to collecting on a daily basis all trash on outside of the residential property not in trash containers.
(6) 
Room tax.
(a) 
Pursuant to § 66.0615(1m)(a), Wis. Stats., a tax is imposed on the privilege of furnishing at retail, rooms or lodging to customers by persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodation.
(b) 
Such tax shall be at the rate of 7% of the gross receipts from such retail furnishing of rooms or lodging.
(c) 
Such tax shall be collected from the customer when the customer's bill is paid, and shall be paid by the residential property owner to the Village Clerk on a quarterly basis: each March, June, September, and December.
(d) 
Such tax shall not be subject to the selective sales tax imposed by § 77.52(2), Wis. Stats. The proceeds of such tax shall be remitted to and received by the village treasurer on or before the 20th day of the month when due.
(e) 
Records retention. Every person liable for the tax imposed by this subsection shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as required by the Village Clerk.
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal or local agency. This includes, but is not limited to, a water use permit pursuant to Ch. 30, Wis. Stats., or a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act.
A. 
Intent. Site and building plan approval is required for certain types of land uses permitted in this chapter. The approval of a site and building plan is required for the following reasons:
(1) 
To promote the public health, safety, morals, comfort and general welfare of the citizens of the Village.
(2) 
To enhance the values of property throughout the Village.
(3) 
To avoid and prevent deterioration of the general appearance of buildings, structures, signs, landscaping and open areas.
(4) 
To encourage and promote an efficient use of the land.
(5) 
To assure that site development takes into account the efficient provision of vehicular and pedestrian access, public utilities, stormwater management facilities and other elements of public infrastructure and public facilities.
(6) 
To encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new structures, development, remodeling and additions.
(7) 
To preserve and protect the appearance and aesthetic quality of the Village.
B. 
Site and building plan approval requirements.
(1) 
No person shall commence any use, erect any structure or portion thereof or obtain a building permit without first obtaining the approval of site and building plans by the Building Board and Plan Commission, as set forth in this section. All structures, unless specifically excepted in this section, require site and building plan review and approval by the Building Board. All structures, other than single-family residences, also require site and building plan review and approval by the Plan Commission.
(2) 
The Building Board and Plan Commission may require setbacks larger than those required in the foregoing Zoning Districts.
C. 
Exemptions from site and building plan approval requirements. The following facilities and uses are exempt from the site and building plan approval requirements:
[Amended 4-25-2006]
(1) 
Interior alterations that do not affect the structure's exterior dimensions. Minor maintenance or repairs such as re-painting, re-siding, re-roofing, window replacement and other repairs to the exterior of a structure that do not alter the color, size, shape, architectural character or illumination of the property or that do not exceed $15,000.
(2) 
Signs that replace existing sign panels without changing the dimensions or character of the sign and type or intensity of lighting or illumination.
(3) 
Play structures, except as provided in § 335-88D(6)(k). Seasonal play structures as defined in § 335-88D(6)(k)[1], swing sets, basketball hoops, flagpoles, and ground barbecues.
[Amended 3-25-2008]
(4) 
Decorative fences pursuant to § 335-88(D)(6)(g).
(5) 
Retaining walls pursuant to § 335-88(D)(6)(h).
D. 
Procedure for site and building plan review and approval.
(1) 
Application. An applicant for a building permit that requires site and building plan review shall apply to the Village for a certificate of site and building plan approval on forms provided by the Zoning Administrator and shall provide 15 eight-and-one-half-by-fourteen-inch copies and three eleven-by-seventeen-inch copies, at a scale of 1/8 inch or larger, of all submittal materials as described below, together with the fee established by the Village Board of Trustees:
(a) 
A certified survey map prepared by a certified land surveyor or plat map is required unless an exception is granted by the Zoning Administrator. If an exception is granted, the applicant must at least provide the boundary dimensions and lot area of the legal parcel on which the structure is located.
(b) 
Existing and proposed grades, stormwater management basins and drainage systems and structures with topographic contours at intervals not exceeding two feet. The Zoning Administrator may waive the grading map in situations where there will be no alteration of existing grades.
(c) 
The shape, size, location, height and floor area of all structures and the floor area and finished ground and basement floor grades.
(d) 
Total acres of lot.
(e) 
Location and species of all existing trees over four inches in diameter at a height of five feet from the ground.
(f) 
Natural features, such as wood lots, drainage ways, streams and lakes or ponds, and man-made features, such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered.
(g) 
Adjacent properties and their uses shall be identified.
(h) 
Proposed streets, driveways, parking spaces, sidewalks and other pedestrian or vehicular circulation facilities, with indication of direction of travel for one-way streets and drives and inside radii of all curves. The width of streets, driveways and sidewalks and the total number of parking spaces shall be shown.
(i) 
Architectural plans showing all exterior elevations and general floor plans shall be provided for all new buildings. These drawings and plans shall provide sufficient detail to indicate the architectural design of the proposed buildings.
(j) 
Landscape plan showing all new plantings and retained existing plant materials. The landscape plan shall include the number, species and size of materials at installation.
(k) 
The front elevation of the principal structures and samples of exterior structure materials and colors.
(l) 
The location, general design and dimension of all signs, including ground signs, wall signs, roof signs and directory signs.
(m) 
The location, height, design, type and power of all exterior lighting.
(n) 
The size and location of all existing and proposed public and private utilities on the site.
(o) 
The name, address and telephone number of the owner, developer and designer.
(p) 
For multifamily residential projects, the number and size of dwelling units, anticipated resident population and the anticipated population under 18 years of age.
(q) 
For nonresidential projects, the amount of floor area, the number of anticipated employees and number of parking stalls.
(r) 
A tree root system preservation plan shall be submitted for construction activity that requires a permit under this chapter whenever conditions exist where a tree or trees on properties that abut the construction site may be affected by the construction activity. The plan shall indicate the methods that are to be used to protect the existing tree root system. The following items shall be identified on the tree root system preservation plan:
[Amended 1-26-2015]
[1] 
Trees located on abutting properties which are located closer to the shared property line or lines than the required building yard setback for the applicable zoning district in which the properties are located.
[2] 
Areas on the property where proposed construction activity is likely to occur and proposed building areas.
[3] 
Location of areas where building materials, spoils and construction debris are to be placed or stored.
[4] 
The location of construction vehicle and equipment access points, and areas where construction vehicles and equipment are likely to be used and stored.
[5] 
Location of erosion control measures.
[6] 
Any additional information that may be required by the Village to obtain a more complete understanding of the site.
(s) 
Any other information necessary to establish compliance with this chapter and other applicable Village ordinances.
[Added 1-26-2015]
(2) 
Schedule Building Board and Plan Commission meetings. Upon receipt of a complete application, required submittal materials and all applicable fees for a site and building plan approval, the Zoning Administrator shall place the application on the agenda for the next available Building Board meeting and, if applicable, on the next available Plan Commission meeting. The applicant shall be given an opportunity to make a presentation, and any interested party shall be given the opportunity to comment.
(a) 
Preapplication review conference. Any applicant or prospective applicant for any permit that requires site and building plan approval may request a preliminary review conference with the Zoning Administrator and Village staff. At such conference, the staff shall review the preliminary exterior drawings, sketches or photographic examples, landscape and site plans and materials on a specific project and provide the applicant with guidance in the development of a plan which would be consistent with the requirements and purposes of this section.
(b) 
Building Board and Plan Commission actions. The Building Board and Plan Commission may approve, deny or approve changes in the site plan and exterior design features, subject to conditions established by the Building Board or Plan Commission that are reasonably necessary to accomplish the general purpose of this section.
[1] 
Decisions. The Building Board shall make a decision to grant a building permit, deny a building permit or schedule a public hearing on each application. Such decision shall be reported in writing to the Village Clerk within 48 hours following the Building Board meeting at which an application is considered. The Village Clerk shall report the Building Board's decision to the Building Inspector.
[2] 
When the Building Board determines that a public hearing is necessary to make a decision on any application, the Village Clerk shall post a notice at least seven days before the public hearing giving the time and place of the hearing and the matters to be considered. All parties in interest, as defined in this chapter, shall be mailed notice of the public hearing. The Building Board shall grant or deny a building permit within 48 hours following the public hearing and shall report its decision in writing to the Village Clerk.
[Amended 4-22-2008]
(3) 
Issuance of a certificate of site and building plan approval.
[Amended 9-24-2013]
(a) 
Upon approval of the site and building plans by the Building Board and Plan Commission, as required in this chapter, the Zoning Administrator shall issue a certificate of site and building plan approval. One copy of the application and submittal materials upon which the certificate was granted shall be retained by the Zoning Administrator and a second copy shall be retained by the Building Inspector.
(b) 
Plans that have been approved by the Building Board and Plan Commission and have been issued a certificate of site and building plan approval shall not have any deviation. Any deviation shall constitute a violation of this section.
(c) 
It shall be the Building Inspector and/or Zoning Administrator’s responsibility to determine, while construction is in progress and upon its completion, that there have been no material deviations from the approved site and building plans.
(d) 
The Building Inspector and/or Zoning Administrator, or any duly appointed officers of the Village, shall have the authority to enter a property for which a certificate of site and building plan approval has been issued to ensure compliance with the approved site and building plan. In the event that there is a refusal by the party in charge of a property to allow entry by the Building Inspector and/or Zoning Administrator, an application for a Special Inspection Warrant pursuant to Wis. Stat. § 66.0119 shall be pursued.
(4) 
Issuance of a stop order.
[Added 9-24-2013[1]]
(a) 
A stop order may be issued by the Zoning Administrator and/or Building Inspector for construction that is found to have materially deviated from an approved site and building plan.
(b) 
While a stop order remains in effect, all construction, demolition, or other activities shall be halted on the premises.
(c) 
The stop order shall remain in effect until site and building plans, with demonstrated changes from previously approved plans, have been resubmitted and approved by the Building Board and/or Plan Commission as required by this chapter.
(d) 
If the Building Inspector finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the party performing the work and that temporary occupancy prior to completion will not pose a health or safety hazard, the Building Inspector may issue a temporary occupancy permit bearing an expiration date which allows reasonable time for completion of all required improvements.
[1]
Editor's Note: This ordinance also renumbered former Subsection D(4), (5) and (6) as Subsection D(6), (7) and (8), respectively.
(5) 
Revocation of building permits issued pursuant to site and building plan approval.
[Added 9-24-2013]
(a) 
An applicant or representative of an applicant who has been issued a building permit for site and/or building plans approved by the Building Board and/or Plan Commission may have the permit revoked by the Building Inspector, with the concurrence of the Zoning Administrator for failure to comply with a stop order, upon issuance of multiple stop orders, or upon more than two significant deviations from approved plans.
(b) 
Revocation of permits shall follow the procedure as described in § 106-3G.
(6) 
Occupancy permit.
[Amended 9-24-2013]
(a) 
Before any occupancy permit may be issued authorizing the use of any improvements constructed under the provisions of this section, a final inspection of the premises must be obtained. An occupancy permit will not be issued unless the completed work is found to be in compliance with plans upon which the certificate of site and building plan approval was issued.
(b) 
Improvements in existence as of the effective date of this section shall be in compliance with this section, but such improvements shall be continuously maintained in a state of good repair. The Building Inspector shall have the same powers and authority to effectuate the proper maintenance of preexisting improvements in a manner similar to improvements for which a certificate has been issued.
(7) 
Letter of credit or cash deposit. The Village may require a letter of credit or cash deposit guaranteeing that all grading, erosion control, stormwater facilities, landscaping and restoration and other site improvements required as a condition of site and building plan approval will be installed. Said letter of credit or cash deposit shall be for 110% of the estimated cost of installation based on cost estimates provided by the Village Engineer. Such letter of credit or cash deposit shall be retained by the Village until all improvements have been approved by the Village Engineer, and accepted by the Village, if they are public improvements.
[Amended 9-24-2013]
(8) 
Criteria for site and building plan reviews. The Building Board and Plan Commission in reviewing site and building plans will use criteria that is not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop satisfactory visual appearance within the Village, preserve taxable values and promote the public health, safety and welfare.
[Amended 6-24-2002; 4-26-2005; 4-25-2006; 3-25-2008; 10-28-2008; 6-26-2012; 9-24-2013]
(a) 
Landscape and site treatment.
[1] 
Where natural or existing topographic patterns contribute to beauty and do not detract from the utility of a development, they shall be preserved and developed.
[2] 
Landscape treatment shall be provided to enhance architectural features, improve appearance, screen parking areas and miscellaneous structures, provide wildlife habitat, provide shade and enhance the streetscape.
[3] 
Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with landscaping or materials on adjacent developments.
[4] 
Plant materials shall be selected on the basis of size at maturity, hardiness, tolerance for site specific environmental conditions, screening value, wildlife habitat values and all season appearance.
[5] 
Use of plants that are indigenous to the area shall be encouraged.
[6] 
Nonnative plants that are considered a nuisance or invasive species, such as purple loose strife, honeysuckle and buckthorn shall not be used as plant materials.
[7] 
Plant specimens shall be of sufficient size and quality to provide screening and landscape benefits within three growing seasons from the time of planting. Trees planted in front yard areas or in other highly visible areas where they serve as a visual screen, should be at least two inches in diameter and eight feet high at the time of planting. Evergreens should be a minimum of six feet high at the time of planting. Shrubs should be balled and burlapped and a minimum of 18 inches high at the time of planting.
[8] 
Irregular clusters of vegetation are generally preferable to isolated specimens or regularly spaced rows of plantings.
[9] 
In locations where they will be susceptible to injury by pedestrian or motor traffic, plants shall be protected by appropriate curbs, tree guards or other devices.
[10] 
Planting in parking lot islands is required to break up large expanses of parking stalls. Parking lots of over 24 vehicles shall have a minimum of one tree island not less than 180 square feet for each 24 parking stalls or an equivalent number of perimeter plantings or tree rows that are designed as part of an overall landscape plan acceptable to the Plan Commission.
[11] 
Large parking areas shall be treated with decorative screens consisting of building wall extensions, plantings, berms or other innovative means so as to screen parking areas.
[12] 
Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these. Screening shall be equally effective in winter and summer. Screens shall be compatible and harmonious with the landscaping and site treatments on neighboring properties.
[13] 
Prohibition of disturbing steep slopes. Steeply sloped terrain with a natural grade of 25% or more may not be regraded, built upon or otherwise disturbed. The Planning Commission and Building Board may grant an exception to this requirement where the area proposed for disturbance is an isolated area no more than 20,000 square feet in size, and provided that such disturbance is necessary for the development to occur and does not alter the overall topographical character of the site.
(b) 
Building design.
[1] 
Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings. Applicants are encouraged to consider architectural styles and traditions appropriate to the area of the Village.
[2] 
Structures shall be compatible with neighboring properties with respect to scale, proportion and materials.
[3] 
Structure design or exteriors shall not be so identical with neighboring structures so as to create excessive monotony or drabness.
[4] 
Structures shall not be so out of character or incompatible with respect to neighboring properties. The project should enhance and contribute to the overall aesthetic qualities of the neighborhood.
[5] 
Materials shall be selected for suitability to the type of structures and the design in which they are used. In developments with multiple structures, all structures shall be constructed with the same materials or those that are architecturally harmonious.
[6] 
Residential principal structures shall exhibit design continuity. Predominant materials, architectural components, and details shall be repeated on all elevations. A deviation for design purposes may be considered if detailed materials, such as stone, brick or stucco are used sparingly and only to establish a focal point of interest to the design.
[7] 
Materials shall be of durable quality.
[8] 
Structure components, such as windows, doors, eaves and parapets shall be proportionally related to one another.
[9] 
Exterior chimneys shall be anchored to the ground and predominantly constructed of masonry products.
[10] 
Principal structure colors and color accents used on trims, fascia and signage shall be coordinated and harmonious.
[11] 
Design, scale, architectural features, and materials used for additions to principal structures shall be closely tied to the architecture of the existing structure.
[12] 
Mechanical equipment or other utility hardware shall be fully screened with materials that are coordinated with the colors of the principal structure.
[13] 
Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened on all sides. Screening materials shall be coordinated with and harmonious to the overall architectural character of the principal structure. Screening materials meeting the definition of accessory structure used in refuse and waste removal areas, shall be exempt from side yard setback requirements, rear yard setback requirements and maximum square footage requirements of accessory structures to allow for appropriate placement and size of such screening materials.
(c) 
Additional considerations for accessory structures in the nature of yard maintenance buildings.
[1] 
Such structure shall not exceed 10 feet in height and shall not exceed 150 square feet in area. No residential property shall be allowed more than one such structure.
[2] 
All such structures shall be anchored to a permanent concrete foundation.
[3] 
All such structures shall be constructed of materials and of colors aesthetically consistent with those of the principal structure so as not to cause, in the judgment of the Building Board, a substantial depreciation in the property values of neighboring properties. However, unattached yard maintenance buildings having a roof or sides, using metal sheets as an exterior, shall not be erected under this chapter.
[4] 
Yard maintenance buildings shall comply with all the setback and yard requirements of this chapter, including requirements in § 335-11C(1). However, if any person shall desire to erect a structure closer to the lot line than the district setback and yard requirement, the applicant shall present to the Building Board written consent of such location from each adjoining neighbor to which the structure shall be visible at any time of the year. If such written permission is not obtained and presented to the Building Board, then the Building Board shall delay the approval of the building permit until a subsequent meeting, and each affected adjoining property owner shall be notified of the time, date and place of a public hearing to be held on the matter.
[5] 
Bushes, trees and shrubs may be required, if deemed necessary by the Building Board, to enhance the appearance of or to adequately screen such structures.
(d) 
In-ground private swimming pools. In-ground private swimming pools are permitted in any district, except the floodland and wetland districts, provided that:
[1] 
All private swimming pools constructed, installed or enlarged within the Village of Elm Grove shall be located within a completely enclosed, permanent structure, except as provided herein.
[2] 
No person shall construct, install or enlarge or alter a private swimming pool unless a building permit shall have first been obtained from the Building Inspector. Application for a pool permit, accompanied by a permit fee as determined from time to time by the Village Board, shall be on forms provided by the Building Inspector and shall be accompanied by plans drawn to an accepted engineering or architectural scale showing pool dimensions and volume of water in gallons; location and type of wastewater disposal system; location of the pool on the lot and distances from lot lines; and fencing and landscaping plan or a combination thereof.
[3] 
All private swimming pools shall be constructed, installed, enlarged or altered in accordance with the following requirements:
[a] 
Private swimming pools shall comply with all the setback and yard requirements of this chapter.
[b] 
The private swimming pool shall be completely fenced before filling by a fence or wall which complies with § 335-88D(6)(g) of this chapter, at least 36 inches in height, constructed of a material approved by the Building Board. Access to the swimming pool shall be controlled by a gate which shall be equipped with self-closing and self-latching devices at the top of the gate. Fence posts shall be decay- or corrosion-resistant and shall be set in concrete bases.
[c] 
No direct connection shall be made to the sanitary sewer or septic system.
[d] 
No gaseous chlorination shall be permitted.
[e] 
There shall be an unobstructed concrete areaway around the entire pool of at least three feet in width on in-ground pools.
[f] 
Heating units, pumps and filter equipment shall in no case be less than 20 feet from any property line and shall be adequately housed and muffled so that the equipment is inaudible at the property line.
[g] 
No water shall be discharged from a private swimming pool onto an adjacent property.
[h] 
Existing pools are exempt from these requirements; however, the failure to fill an existing private pool with an amount of water normally required for its proper use and the failure to actually use the private swimming pool for a minimum period of five days within a period of one year shall be considered a discontinuation of use and shall thereafter require compliance with the above regulations.
[4] 
All electrical installations provided for, installed or used in conjunction with a private swimming pool shall be in conformance with Chapter ILHR 16 of the Wisconsin Administrative Code and NEC 680. No current carrying conductors shall cross private swimming pools, either overhead or underground, or within 15 feet of such pools. All metal fences, enclosures or railings near or adjacent to swimming pools, which might become electrically alive as a result of broken overhead conductors or from other cause, shall be effectively grounded.
[5] 
No private swimming pool shall be so operated, used or maintained so as to create a nuisance or otherwise result in a substantial adverse effect on neighboring properties with respect to compatible appearance and value, or to be in any other way detrimental to the public health, safety and welfare. The Building Inspector shall refer all complaints or questions under this section to the Building Board, which shall have the authority to issue an appropriate order to terminate the condition complained of. The Building Board, by delegation of authority through this chapter, shall have the jurisdiction to approve, deny or impose appropriate changes or safeguards. Its decision shall be based upon the avoidance of a substantial adverse effect upon property values in the neighborhood.
[6] 
A swimming pool and its appurtenant facilities shall be kept clean and in a sanitary condition.
(e) 
Above-ground swimming pools are permitted in any district except the floodland and wetland districts, provided that:
[1] 
No private swimming pool capable of having an aboveground water depth of more than two feet shall be initially constructed, installed, enlarged or altered in the Village of Elm Grove after December 31, 1997, and no permit shall be granted for such purposes. For purposes of this chapter, the aboveground depth of water shall be measured from the lowest elevation of the ground at which any vertical surface of the swimming pool is exposed to the uppermost edge of the swimming pool.
[2] 
Any aboveground pool constructed or installed prior to December 31, 1997, shall constitute a nonconforming structure, and total lifetime repairs shall not exceed 50% of the current value of the pool. If destroyed or damaged to the extent of more than 50% of its current value, the above-ground pool shall not be restored except so as to comply with the provisions of this chapter.
[3] 
This subsection shall not be construed to prohibit the construction, installation, enlargement or alteration of hot tubs.
(f) 
Private tennis courts are permitted in any district except the floodway and wetland districts, provided that:
[1] 
All building permit applications for private tennis courts shall be reviewed by the Building Board;
[2] 
A permit fee, as determined from time to time by the Village Board, shall be required for each permit;
[3] 
All tennis courts may have a backstop on each end and side fencing, as defined in Article XII of this chapter, and side fences;
[4] 
Lighting installed around a tennis court shall be in accordance with § 335-65;
[5] 
All tennis courts shall be maintained in a safe and clean condition, and shall be operated in such a manner that they will not create a nuisance or otherwise result in an adverse impact on neighboring properties; and
[6] 
All tennis courts shall comply with the setback and other yard requirements in the district in which they are located.
(g) 
Fences.
[Amended 2-23-2015]
[1] 
Definitions. For the purpose of this subsection, the following terms shall have the following meanings:
ARCHITECTURAL SCREENING DEVICE
Any standing Fence or wall-type structure, connected directly to a principal structure employed for screening, ornamental, decorative, signage, or landmark purposes.
FENCE
A structure which creates an enclosure, barrier or boundary, having a set or permanent location in the ground, or which is attached to something having a permanent location in the ground. All Fences shall be constructed in such a manner that structural support components shall be placed on the interior side of the Fence in order to minimize their visibility off premises. Fences include Architectural Screening Devices, Decorative Fences, Garden Fences, Open Fences and Solid Fences.
DECORATIVE FENCE
A fence that is an Open Fence designed to decorate, accent or frame a feature of the landscape or premises and that is not longer than 40 feet in linear length in the aggregate.
GARDEN FENCE
Any structure in the nature of a Fence, which defines the boundary of a garden or planting bed, does not exceed 36 inches in height and is intended to be used to impede access by wildlife to the planted area. A Garden Fence shall not enclose a cumulative area of more than 750 square feet on one property and may be constructed of wire-type materials, except for razor or barbed wire or chain-link-type fence.
OPEN FENCE
Open Fences are those with more than 50% of their surface area open for free passage of light and air. The meaning of 50% open space shall be that for a given width of fence material (i.e., an individual picket), an equal or greater amount of open space is to be provided in between said fence material. Examples of such Fences include picket, rail, and wrought iron, which are not merely ornamental.
SOLID FENCE
Solid Fences are those with 50% or less surface open for free passage of light and air and designed to conceal from view the area behind them. Examples of such Fences are stockade, board-on-board, board and batten, basket weave and louvered fences.
[2] 
Fences are permitted in all districts, except the Floodway and Wetland Districts, provided that:
[a] 
No person shall erect or construct any type of Fence except a "Garden Fence" as defined in this section, on any property in the Village of Elm Grove without first having submitted an application and fee therefor; and obtained a permit for such fence construction.
[b] 
All applications to construct an Architectural Screening Device, a Decorative Fence, or an Open Fence shall be reviewed by the Zoning Administrator or his or her duly authorized designee, who thereafter may issue a building permit. In the event that the Zoning Administrator or his or her duly authorized designee concludes that the proposed Fence does not qualify as an Architectural Screening Device, Decorative Fence, or an Open Fence, the Building Board shall conduct a review of the associated application and approve or deny issuance of a building permit.
[3] 
Open Fences, Architectural Screening Devices and Decorative Fences Requirements.
[a] 
All Open Fences and Decorative Fences located closer to a property line than the required setback and other yard requirements for the district in which they are located shall not exceed four feet in height. The height of a fence shall be measured from the average existing grade beginning at its lowest level at ground level on the outside of the fence. In the event that a fence is constructed on a hill or berm, it shall be reduced in height to compensate for the height of the berm or hill to avoid exceeding the overall fence height. Structural ornamental posts protruding no more than six inches above the maximum allowed height of a fence may be permitted.
[b] 
Open Fences and Decorative Fences which comply with the required setback and other yard requirements for the district in which they are located shall not exceed 6 1/2 feet in height. Structural ornamental posts protruding no more than six inches above the maximum allowed height of a fence may be permitted.
[c] 
Open Fences, Decorative Fences and Architectural Screening Devices shall be constructed of wood, or other wood-simulated natural-appearing materials, wrought iron or other metal materials generally employed to achieve an aesthetically consistent appearance. Except as otherwise provided in Subsection D(8)(g)[1], "Garden Fence," no barbed wire, chain link or other wire-type material shall be used in any fence hereafter constructed within the Village of Elm Grove unless a variance for such material has been granted.
[d] 
No Open Fence or Architectural Screening Device shall project forward of the rear line of the principal building, except for Decorative Fences. In the event that there is more than one rear line present on a principal building, that rear line closest to the front of the building shall be considered the rear line for purpose of this section.
[e] 
An Architectural Screening Device may be constructed with less than 50% of its surface area open for free passage of light and air, provided that:
[i] 
The device is directly connected to an existing principal structure;
[ii] 
The device complies with setback requirements of the zoning district in which it is located;
[iii] 
The height shall not exceed six feet; and
[iv] 
The linear length, in aggregate, shall not be greater than 20 feet.
[f] 
In addition to complying with other provisions of this section, Decorative Fences may be located in a side, rear or street yard setback, provided that they do not exceed 4 1/2 feet in height. Decorative Fences that comply with setback requirements may not exceed 6 1/2 feet in height.
[i] 
Any Fence in excess of 40 feet in linear length shall be regulated as either an Open Fence or Solid Fence and be subject to the requirements under this chapter.
[g] 
It shall be the responsibility of the applicant to demonstrate on a certified plat of survey the exact location of the proposed fence, but excluding garden fences as defined by this section.
[4] 
Solid Fences, or any Open Fence proposal at variance with the aforesaid standards, shall be examined by the Building Board. A variance from the terms of this chapter may be granted by the Building Board, but only after a public hearing before said Board.
[a] 
The Building Board, in reviewing a proposed Fence, shall take into consideration the character or shape of the lot or parcel of land and the placement of the residence thereon, the architectural appearance, including the compatibility with adjourning structure and landscaping; and if the proposed fence is to be located on a residential parcel, whether a hardship is demonstrated as a result of its proximity to parcels zoned as B-1, B-2, B-3, M-1, or I-1 or any active railroad property, or any state or county highway.
[b] 
Upon receipt of such a fence application, notice of the public hearing shall be given via U.S. Mail to any adjoining neighbor located in a radius of 100 feet from the proposed fence. Notice of the public hearing shall require a Class 2 publication notice. The notice shall invite each neighbor to offer reasons for approval or disapproval of the application as submitted. The reason should be communicated to the Village, in writing, or given testimony at the review meeting. All position statements received shall be included with the review materials and shall be considered during the review.
[c] 
After the public hearing, the Building Board may grant or reject such request for a variance.
[5] 
Upon the destruction of any fence in the Village of Elm Grove, or deterioration by the elements or otherwise to more than 50% of its condition or extent when originally erected, no fence may be constructed in place of such destroyed or deteriorated fence without having first complied with the terms and requirements of this section.
[6] 
Any fence erected or constructed after August 10, 1959, and for which a permit was not secured under the terms of the Building Code of the Village of Elm Grove, which first incorporated a requirement for a permit for the construction of a fence as of such date, and which did not comply with the terms relating to fences in the Building Code as of such date, shall be brought into compliance with this fence ordinance on or before August 1, 1978, unless an application for the granting of a variance shall be made to the Building Board and the Building Board has granted such requested variance in the manner described in this present fence ordinance.
(h) 
Retaining walls.
[1] 
Definition. For purpose of this section, a retaining wall or like structure is one used for a gardening, screening, stabilizing, ornamental, drainage, decorative or landmark purpose. Included in this definition are monuments, columns and other similar property entrance features. For retaining walls, "height" is defined as the vertically exposed surface area of the wall.
[2] 
Permit required.
[a] 
No person shall construct, install, enlarge, reconstruct or replace any retaining wall or like structure unless a permit therefor has first been obtained from the Zoning and Planning Administrator or his/her authorized designee and all other provisions of this section are complied with; provided, however, that the following types of retaining walls shall not be required to obtain a permit:
[i] 
Edgings. Edgings less than six inches in height of stone, brick, decorative concrete block or other materials around driveways, patios, gardens, flowerbeds, plantings or trees.
[ii] 
Decorative walls. Decorative walls not in excess of 30 inches in height and located at least five feet from the lot line used around gardens, plantings, trees, patios or driveways and constructed of natural stone, decorative concrete block or brick.
[b] 
Applications for such permit shall be on forms provided by the Village and shall be accompanied by a fee prescribed by the Village Board of Trustees via resolution and such other items as are deemed necessary or appropriate. The Zoning and Planning Administrator or his/her authorized designee shall have the authority, as a condition to granting such permit, to require such additions, changes and safeguards as he/she determines to be necessary or appropriate to carry out the provisions of this section.
[3] 
Requisite submittal materials. All applications for structural retaining walls and like structures shall include the following information:
[a] 
A certified plat of survey of the affected property, including identification of the proposed location of the structure;
[b] 
A scaled drawing of what the structure will look like upon completion, unless an exception is granted by the Zoning and Planning Administrator or his/her authorized designee;
[c] 
A listing of materials to be used;
[d] 
A topographic map illustrating drainage flow conditions both before and after installation (applicable only to retaining walls), unless an exception is granted by the Zoning and Planning Administrator or his/her authorized designee; and
[e] 
Any other information deemed reasonable/necessary in order to effectuate a competent review of the application.
[4] 
Administration of applications.
[a] 
The Zoning and Planning Administrator or his/her authorized designee may issue a permit for a retaining wall or like structure which conforms to all of the following:
[i] 
Not more than four feet in height and one foot or more from a property line;
[ii] 
Not constructed in a drainageway, drainage swale or drainage easement;
[iii] 
Is of structurally sound materials, form and color that are harmonious with the surroundings; and
[iv] 
Is properly and safely installed per the manufacturer's guidelines.
[b] 
Notwithstanding the above provisions, the Zoning Administrator or his or her duly authorized designee may forward a permit application on to the Building Board if it is determined that such review and approval is necessary.
[5] 
Prohibited materials. Railroad ties and other similar materials that may pose environmental safety concerns are prohibited as materials for use when constructing retaining walls and like features in the Village of Elm Grove.
[6] 
Any application for a permit under this section for any retaining wall or like structure designed to be more than four feet high or proposed to be located closer than one foot to a property line shall be referred to the Building Board. Furthermore, any application proposing the construction of a retaining wall greater than four feet in height shall be accompanied by detailed plans approved by a professional engineer licensed in the State of Wisconsin. No permit shall be issued unless and until the Building Board approves the proposed retaining wall or like structure as to appearance, materials, location, structural integrity and drainage. Said referral shall be done in a manner consistent with § 335-88D(6)(g)[3].
(i) 
Signs.
[1] 
Signs shall be compatible with respect to size, proportions, materials and color with nearby structures and surroundings.
[2] 
A signs shall be designed as an integral architectural element of the structure and site to which it principally relates.
[3] 
The colors, materials and lighting of every sign shall be restrained and harmonious with the structure and site to which it principally relates.
[4] 
The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
[5] 
Developers of projects, such as shopping centers or structures with more than one tenant, shall submit a comprehensive description of a uniform signage system so that individual business or tenant signs will be harmonious and compatible with the overall design of the structure and site.
[6] 
Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.
(j) 
Accessory structures, lighting, street furniture and utility service.
[1] 
Accessory structures, street furniture and lighting shall be designed to be harmonious with the architectural character, concept and style of the primary structure. Materials shall be compatible with respect to size, proportion, materials and colors of the principal structure.
[2] 
All exterior lighting must conform to the requirements in § 335-65D.
[3] 
All commercial exterior parking areas must be illuminated.
[4] 
Illuminating curb cuts and entrances to parking areas is encouraged.
[5] 
All exterior lighting shall be energy efficient and shall be located, oriented and of an intensity to illuminate only the building site or lot, where located, without detrimentally affecting activity on adjacent sites or lots or traffic on streets and highways.
[6] 
Lighting shall not be located on the roofs of buildings. Any lights affixed to a building shall be oriented downward at an angle from the vertical so as to light only areas of the site.
[7] 
Lights may not flash, pulsate, be so bright as to impair or hinder vision on public streets or adjacent building sites or otherwise constitute a nuisance.
[8] 
Mixing of lighting types (i.e., sodium vapor, incandescent, mercury vapor and metal halide) should be avoided.
[9] 
Integration of similar lighting fixtures is encouraged.
[10] 
Lighting in connection with parking areas and miscellaneous structures shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with structure design.
[11] 
Exterior lighting shall be designed and located to minimize its illumination and glare as seen from neighboring properties and public rights-of-way.
[12] 
Where feasible, utility service lines and associated boxes and hardware shall be installed underground. Where placement underground is not feasible, utility service and hardware shall be located and designed to be as unobtrusive as is feasible.
[13] 
Area floodlighting shall not be mounted on the building except at the loading dock, in which case a hooded light fixture will be used to direct lighting downward rather than toward adjoining properties.
[14] 
Lighting fixtures should match the color, style and height of streetscape light fixtures, where appropriate.
[15] 
The use of colored light bulbs or spotlights is discouraged.
[16] 
Exterior lighting should be presented in a lighting plan which identifies all exterior lighting features, either mounted on the building or freestanding, along with dispersion pattern, intensity of light and cut-off shielding that reflects away from the roadway. Light distribution should not spill over between adjacent parcels. Passersby should not be able to see the light source, and glare should be minimized.
[17] 
Overpowering light levels should not be used.
[18] 
Lighting highlighting landscaping is encouraged.
(k) 
Play structure; play house.
[1] 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PLAY STRUCTURE
A detached structure which can be or is intended to be used by minors to engage in commonly accepted play activities.
PLAY HOUSE
A play structure or component thereof, which is covered or partially covered and which has at least three walls or sides, and is placed on or attached to the ground and not entirely located on and supported by a tree, such as a tree house.
SEASONAL PLAY STRUCTURE
A play structure that is not permanently attached to the ground, is ordinarily not intended for year-round usage because of its design or limited usefulness and is removed during the off season of use.
[2] 
General regulations.
[a] 
Play structures shall not exceed 20 feet in height. Any play structure taller than 15 feet in height at any point shall be subject to Plan Commission review and approval.
[b] 
A play house shall not have a footprint area exceeding 100 square feet or a height greater than 10 feet, unless it is part of a multi-use play structure, in which case § 335-88D(6)[2][a] applies. Any play house exceeding these dimensions shall be considered an accessory structure and shall be subject to all ordinances governing accessory structures. Any play house with electrical or water capabilities shall be subject to all applicable building permits and inspections and shall be subject to Plan Commission review and approval.
[c] 
Seasonal play structures shall be exempt from the requirements set forth in this § 335-88D(6)(k).
[d] 
Play houses shall not be used as yard maintenance buildings. No more than one yard maintenance building and one play house shall be allowed on any residential property. No residential property shall have more than one play house.
[e] 
Play structures and play houses shall not be located in street yards.
[f] 
Play houses and play structures shall comply with the setback requirements of the applicable zoning district. At no point shall any portion of a play house or play structure project into a required setback area unless written consent is provided by all abutting property owners and filed with the Zoning Administrator. Such written consent must contain original signatures accompanied by [a] a reasonable depiction of the proposed play structure or play house and its placement, including dimensions and property boundaries and [b] a brochure or other documentation which identifies and illustrates height, width, length, features, construction material list, and completed appearance of the proposed play house or play structure.
[3] 
Plan Commission review. Any play structure or play house which is not clearly exempted from review under § 335-88D(6)(k)[2] shall be referred to the Plan Commission. Each abutting property owner shall be notified of the time, date, and place of the relevant Plan Commission meeting. The Plan Commission may deny, approve, or conditionally approve the proposed play structure or play house. The Plan Commission shall have discretion, in the absence of a self-imposed hardship situation, to grant a conditional approval which deviates from the requirements of § 335-88D(6)(k)[2] only after considering potential screening, layout modifications, impact on neighboring properties and imposing removal timelines.
[4] 
Minimum standards for maintenance. All play structures shall be properly maintained or otherwise protected to prevent deterioration or a negative impact upon neighboring properties.
Any development that requires site plan review or public improvement may require the execution of a development agreement. The development agreement shall be a written contract in recordable form.
A. 
The purpose of the development agreement shall be to guarantee to the Village of Elm Grove the timely completion of development projects in compliance with all Village ordinances and to guarantee the reimbursement of all out-of-pocket expenses incurred by the Village.
B. 
The development agreement shall require timely completion of the public and private improvements in the project and, in the event of the failure thereof, completion by the Village at the property owner's expense. The development agreement shall require the property owner to reimburse the Village of Elm Grove for any expenses previously or thereafter incurred by it in connection with the project or the development agreement, including, but not limited to, legal fees, administrative fees, engineering fees, architectural fees, appraisal fees, inspection fees and surveying expenses. The development agreement shall further require adequate collateral in favor of the Village of Elm Grove in the form of an irrevocable letter of credit or other suitable security to assure payment of all Village expenses and the completion of the public improvements in the project at no cost to the Village in the event of a default by the property owner. The development agreement shall deem it to be an event of default if the letter of credit or security is at any time less than 110% of the estimated cost to complete the public improvements in the project, or is allowed to come within 15 days of expiration without renewal thereof, on the same terms and conditions. The development agreement may contain such other terms, conditions or requirements as may be deemed appropriate by the Village of Elm Grove.
C. 
Prior to the execution of any development agreement by the Village of Elm Grove, all expenses incurred by the Village in connection with the project or the development agreement shall be reimbursed to the Village.
D. 
A development agreement shall not be required in any situation where the Plan Commission so determines by resolution, provided that it determines that the nature of the undertaking does not involve land in excess of two acres and/or a project cost in excess of $500,000.
Any person or persons aggrieved by any decisions of the Building Board related to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Village Clerk, together with the applicable fee, as determined from time to time by the Village Board, within 30 days after filing of the decision with the Zoning Administrator.
A. 
Permit fees; review fees; other fees.
(1) 
Permit fees. All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a permit fee for such permit to the Village Clerk to defray the cost of administration, investigation, advertising and processing of permits and variances. The fee for permits shall be nonrefundable and shall be set by the Village Board from time to time.
(2) 
Review fees. Applicants for permits will also be charged review fees equivalent to the cost to the Village for reviews conducted by the consulting Village Planner, Village Engineer, Village Attorney or any other consultants engaged by the Village to review an application or development proposal. The Village may require permit applicants to pay a deposit toward such review fees. Any portion of the deposit that is not used by the Village for review fees shall be returned to the applicant.
(3) 
Other fees. Applicants shall also be required to pay fees equivalent to the cost to the Village for legal work associated with drafting development agreements or other documents associated with the application and engineering, design and inspection fees for public improvements that are associated with the permit
B. 
Fee schedules shall be approved and periodically updated by the Village Board by resolution.
[Amended 6-27-2016]
A. 
It shall be unlawful to use or improve any structure or land or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Village Board, the Zoning Administrator or the Plan Commission may institute appropriate action.
B. 
The Zoning Administrator or the Building Inspector may issue a stop order as described in § 335-83G of this chapter to halt progress or occupancy on improvements or use which violates any of the provisions of this chapter, or proceedings to enjoin a violation of this chapter or cause a structure to be vacated or removed.
C. 
Remedial actions. Whenever an order of the Zoning Administrator has not been complied with within the time specified within the written notice mailed to the owner, resident agent or occupant of the premises, the Village Board, the Zoning Administrator or the Village Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent or occupant from using such structure, land or water.
D. 
Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall be subject to a penalty as provided in § 1-16 of this Code.
[Added 11-27-2007]
A. 
Pursuant to § 62.23(2) and (3) of the Wisconsin Statutes, the Village of Elm Grove is authorized to prepare and adopt a Comprehensive Plan as defined in § 66.1001(1)(a) and 66.1001(2) of the Wisconsin Statutes, and has been working with the Ad Hoc Comprehensive Planning Committee and Planning and Design Institute (a consultant) in preparing a Comprehensive Plan for the Village.
B. 
The Village Plan Commission and the Village Board have adopted written procedures designed to foster public participation during preparation of the Village's Comprehensive Plan as required under § 66.1001(4)(a) of the Wisconsin Statutes.
C. 
The Village Plan Commission has held a public hearing on the proposed Comprehensive Plan on Wednesday August 1, 2007, in compliance with the requirements of § 66.1001(4)(d) of the Wisconsin Statutes.
D. 
The Village Plan Commission of the Village of Elm Grove, by majority vote of the entire Commission as recorded in its official minutes, has adopted a resolution on Monday, August 6, 2007, recommending to the Village Board the adoption of the Village of Elm Grove Comprehensive Plan,[1] containing all of the required elements specified in § 66.1001(2) of the Wisconsin Statutes.
[1]
Editor's Note: The Village of Elm Grove Comprehensive Plan is on file in the Village offices.
E. 
The Village Board of the Village of Elm Grove, Wisconsin, does, by enactment of this section, formally adopt the document entitled "Village of Elm Grove Comprehensive Plan" pursuant to § 66.1001(4)(c) of the Wisconsin Statutes.