[Amended 10-13-1997; 11-14-2018]
For the purpose of this chapter, the Village
of Elm Grove is hereby divided into the following 16 basic zoning
districts and three overlay districts:
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Rs-1
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Single-Family Residential District
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Rs-2
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Single-Family Residential District
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Rs-3
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Single-Family Residential District
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Rs-4
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Single-Family Residential District
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Rm-1
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Multiple-Family Residential District
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Rm-2
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Multiple-Family Residential District
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B-1
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Local Business District
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B-2
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Office Business District
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B-3
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Mid-Rise Office and Professional Business District
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M-1
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Limited Manufacturing District
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I-1
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Institutional District
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G-1
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Governmental District
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W-1
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Wetland District
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FWO
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Floodway Overlay District
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FFO
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Floodland Fringe Overlay District
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PDO
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Planned Development Overlay District
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A.
Boundaries of these districts are hereby established
as shown on the map entitled "Zoning Map--Village of Elm Grove, Wisconsin,"
dated April 9, 2000; which map accompanies and is herewith made a
part of this chapter.[1] Such boundaries shall be construed to follow: corporate
limits; U. S. Public Land Survey lines; lot or property lines; center
lines of streets, highways, alleys, easements and railroad rights-of-way
or such lines extended; unless otherwise noted on the Zoning Map.
[1]
Editor's Note: Said map is on file in the
office of the Village Clerk and may be examined there during regular
office hours.
B.
Boundaries of the W-1 Wetland District were based
on the Wisconsin Wetland Inventory Map for the Village of Elm Grove,
dated December 16, 1987, and stamped "FINAL," and include, but are
not limited to, all shoreland wetlands five acres or more in area,
shown on those maps.[2]
[2]
Editor's Note: Said maps are on file in the
office of the Village Clerk and may be examined there during regular
office hours.
C.
Boundaries of the Floodland Districts are hereby established
as shown on the map entitled, "Supplementary Floodland Zoning Map
---Village of Elm Grove, Wisconsin," dated September 13, 1982, which
map accompanies and is herewith made a part of this chapter.[3] The boundaries of the FWO Floodway Overlay District shall
be determined by use of the scale contained on the Supplementary Floodland
Zoning Map. The boundaries of the FFO Floodplain Fringe Overlay District
shall be determined by the floodland limits shown on the Supplementary
Floodland Zoning Map. The flood stages, under floodway conditions,
contained on the Supplementary Floodland Zoning Map were developed
from technical data contained in the Flood Insurance Study--Village
of Elm Grove, Waukesha County, Wisconsin, published by the Federal
Emergency Management Agency (FEMA), and dated January 19, 1982. The
information contained in the flood insurance study is further illustrated
on the FEMA Flood Boundary and Floodway Map and Flood Insurance Rate
Map, both maps dated July 19, 1982. Where a conflict exists between
the floodland limits as shown on the Supplementary Flood Zoning Map
and actual field conditions, the elevations from the one-hundred-year
recurrence interval flood profile shall be the governing factor in
locating the regulatory floodland limits.
[3]
Editor's Note: Said map is on file in the
office of the Village Clerk and may be examined there during regular
office hours.
D.
Vacation of public streets and alleys shall cause
the land vacated to be automatically placed in the same district as
the abutting side to which the vacated land reverts.
A certified copy of the Zoning Map, dated January
23, 2001, shall be adopted and approved with the text as part of this
chapter and shall be available to the public in the office of the
Village Clerk.
The Rs-1 Residential District is intended to
provide for single-family residential development, at densities not
to exceed 1.7 dwelling units per net acre, served by municipal sanitary
sewer facilities.
B.
Permitted accessory uses.
(1)
Accessory structures and uses customarily incident to the above uses,
including Private Garages when located on the same lot and not involving
the conduct of a business; provided, however, that no principal dwelling
structure shall be erected unless a Private Garage with a minimum
area of 440 square feet is erected simultaneously with the principal
dwelling structure. Carports shall be permitted in such district,
provided that a Private Garage has been constructed and is directly
connected as prescribed below. Every Private Garage and Carport so
erected shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main dwelling
structure. In addition to Private Garages, servants' quarters
shall be considered accessory structures; provided, however, that
such quarters shall be occupied only by servants employed on the premises
and shall not be rented as a separate domicile, and such quarters
shall be connected with the principal structures in the same manner
as Private Garages.
[Amended 12-15-2014]
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Utility substations.
(2)
Detached garages.
(3)
Home occupations.
(4)
Professional home offices.
(5)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
D.
Lot area and width. Lots shall be a minimum of 25,000
square feet in area and shall be not less than 125 feet in width at
the front building line.
E.
Building height and area.
(1)
Height.
[Amended 9-10-2001]
(a)
The building height for principal structures
(including any part thereof) shall not exceed 36 feet; provided, however,
that the building height for principal structures may be increased
by one foot for every two feet added to all side yard and the rear
setback requirements for the district in which the structure is located.
A maximum of five feet of additional building height may be added
under this subsection.
(b)
For principal structures having exposed foundations
on the side or rear yards, the vertical height at that location shall
not exceed 46 feet; provided, however, that the vertical height at
that location may be increased by one foot for every two feet added
to all side and rear setback requirements of the district up to a
maximum of five feet of additional vertical height.
(c)
The building height of accessory structures,
other than servants' quarters and garages, shall not exceed 10 feet.
(d)
The building height of servants' quarters and
garages shall not exceed 36 feet.
(2)
A one-story dwelling shall have a minimum living area
of 1,600 square feet.
(3)
A split-level home shall have a minimum living area
of 1,600 square feet on the upper two levels.
(4)
A one-and-one-half-story home shall have a minimum
living area of 1,400 square feet on the first floor and a total minimum
area of 1,950 square feet.
(5)
A two-story home shall have a minimum combined living
area of 2,100 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 440 square feet.
F.
Yards (principal and/or accessory structures).
G.
Maximum building footprint area: 20% of lot area.
H.
Maximum impervious surface: 30% of lot area.
The Rs-2 Residential District is intended to
provide for single-family residential development, at densities not
to exceed 2.2 dwelling units per net acre, with larger home sizes,
served by municipal sanitary sewer facilities.
B.
Permitted accessory uses.
(1)
Accessory structures and uses customarily incident to the above uses,
including Private Garages when located on the same lot and not involving
the conduct of a business; provided, however, that no principal dwelling
structure shall be erected unless a Private Garage with a minimum
area of 440 square feet is erected simultaneously with the principal
dwelling structure. Carports shall be permitted in such district,
provided that a Private Garage has been constructed and is directly
connected as prescribed below. Every Private Garage and Carport so
erected shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main dwelling
structure. In addition to Private Garages, servants' quarters
shall be considered accessory structures; provided, however, that
such quarters shall be occupied only by servants employed on the premises
and shall not be rented as a separate domicile, and such quarters
shall be connected with the principal structures in the same manner
as Private Garages.
[Amended 12-15-2014]
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Utility substations.
(2)
Detached garages.
(3)
Home occupations.
(4)
Professional home offices.
(5)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
D.
Lot area and width. Lots shall have a minimum area
of 20,000 square feet in area and shall be not less than 120 feet
in width at the front building line.
E.
Building height and area.
(1)
Height.
[Amended 9-10-2001]
(a)
The building height for principal structures
(including any part thereof) shall not exceed 36 feet; provided, however,
that the building height for a principal structure may be increased
by one foot for every two feet added to all side yard and the rear
setback requirements for the district in which the structure is located.
A maximum of five feet of additional building height may be added
under this subsection.
(b)
For principal structures having exposed foundations
on the side or rear yards, the vertical height at that location shall
not exceed 46 feet; provided, however, that the vertical height at
that location may be increased by one foot for every two feet added
to all side and rear setback requirements of the district up to a
maximum of five feet of additional vertical height.
(c)
The building height of accessory structures,
other than servants' quarters and garages, shall not exceed 10 feet.
(d)
The building height of servants' quarters and
garages shall not exceed 36 feet.
(2)
A one-story dwelling shall have a minimum living area
of 1,600 square feet.
(3)
A split-level home shall have a minimum living area
of 1,600 square feet on the upper two levels.
(4)
A one-and-one-half-story home shall have a minimum
living area of 1,400 square feet on the first floor and a total minimum
area of 1,950 square feet.
(5)
A two-story home shall have a minimum combined living
area of 2,100 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 440 square feet.
F.
Yards (principal and/or accessory structures).
G.
Maximum building footprint area: 20% of lot area.
H.
Maximum impervious surface: 30% of lot area.
The Rs-3 Residential District is intended to
provide for single-family residential development, at densities not
to exceed 2.2 dwelling units per net acre, with smaller home sizes,
served by municipal sanitary sewer facilities.
B.
Permitted accessory uses.
(1)
Accessory structures and uses customarily incident to the above uses,
including Private Garages when located on the same lot and not involving
the conduct of a business; provided, however, that no principal dwelling
structure shall be erected unless a Private Garage with a minimum
area of 440 square feet is erected simultaneously with the principal
dwelling structure. Carports shall be permitted in such district,
provided that a Private Garage has been constructed and is directly
connected as prescribed below. Every Private Garage and Carport so
erected shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main dwelling
structure. In addition to Private Garages, servants' quarters
shall be considered accessory structures; provided, however, that
such quarters shall be occupied only by servants employed on the premises
and shall not be rented as a separate domicile, and such quarters
shall be connected with the principal structures in the same manner
as Private Garages.
[Amended 12-15-2014]
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Utility substations.
(2)
Detached garages.
(3)
Home occupations.
(4)
Professional home offices.
(5)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
D.
Lot area and width. Lots shall have a minimum of 20,000
square feet and shall be not less than 90 feet in width at the front
building line.
E.
Building height and area.
(1)
Height.
[Amended 9-10-2001]
(a)
The building height for principal structures
(including any part thereof) shall not exceed 36 feet; provided, however,
that the building height for a principal structure may be increased
by one foot for every two feet added to all side yard and the rear
setback requirements for the district in which the structure is located.
A maximum of five feet of additional building height may be added
under this subsection.
(b)
For principal structures having exposed foundations
on the side or rear yards, the vertical height at that location shall
not exceed 46 feet; provided, however, that the vertical height at
that location may be increased by one foot for every two feet added
to all side and rear setback requirements of the district up to a
maximum of five feet of additional vertical height.
(c)
The building height of accessory structures,
other than servants' quarters and garages, shall not exceed 10 feet.
(d)
The building height of servants' quarters and
garages shall not exceed 36 feet.
(2)
A one-story dwelling shall have a minimum living area
of 1,400 square feet.
(3)
A split-level home shall have a minimum living area
of 1,400 square feet on the upper two levels.
(4)
A one-and-one-half-story home shall have a minimum
living area of 1,225 square feet on the first floor and a total minimum
area of 1,695 square feet.
(5)
A two-story home shall have a minimum combined living
area of 1,900 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 440 square feet.
F.
Yards (principal and/or accessory structures).
G.
Maximum building footprint area: 20% of lot area.
H.
Maximum impervious surface: 30% of lot area.
The Rs-4 Residential District is intended to
provide for single-family residential development at densities not
to exceed 2.9 dwelling units per net acre, served by municipal sanitary
sewer facilities.
B.
Permitted accessory uses.
(1)
Accessory structures and uses customarily incident to the above uses,
including Private Garages when located on the same lot and not involving
the conduct of a business; provided, however, that no principal dwelling
structure shall be erected unless a Private Garage with a minimum
area of 440 square feet is erected simultaneously with the principal
dwelling structure. Carports shall be permitted in such district,
provided that a Private Garage has been constructed and is directly
connected as prescribed below. Every Private Garage and Carport so
erected shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main dwelling
structure. In addition to Private Garages, servants' quarters
shall be considered accessory structures; provided, however, that
such quarters shall be occupied only by servants employed on the premises
and shall not be rented as a separate domicile, and such quarters
shall be connected with the principal structures in the same manner
as Private Garages.
[Amended 12-15-2014]
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Utility substations.
(2)
Detached garages.
(3)
Home occupations.
(4)
Professional home offices.
(5)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
D.
Lot area and width. Lots shall have a minimum of 15,000
square feet in area and shall not be less than 90 feet in width at
the front building line.
E.
Building height and area.
(1)
Height.
[Amended 9-10-2001]
(a)
The building height for principal structures
(including any part thereof) shall not exceed 36 feet; provided, however,
that the building height for a principal structure may be increased
by one foot for every two feet added to all side yard and the rear
setback requirements for the district in which the structure is located.
A maximum of five feet of additional building height may be added
under this subsection.
(b)
For principal structures having exposed foundations
on the side or rear yards, the vertical height at that location shall
not exceed 46 feet; provided, however, that the vertical height at
that location may be increased by one foot for every two feet added
to all side and rear setback requirements of the district up to a
maximum of five feet of additional vertical height.
(c)
The building height of accessory structures,
other than servants' quarters and garages, shall not exceed 10 feet.
(d)
The building height of servants' quarters and
garages shall not exceed 36 feet.
(2)
A one-story dwelling shall have a minimum living area
of 1,100 square feet.
(3)
A split-level home shall have a minimum living area
of 1,100 square feet on the upper two levels.
(4)
A one-and-one-half story-home shall have a minimum
living area of 975 square feet on the first floor and a total minimum
area of 1,325 square feet.
(5)
A two-story home shall have a minimum combined living
area of 1,500 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 240 square feet.
F.
Yards (principal and/or accessory structures).
G.
Maximum building footprint area: 25% of lot area.
H.
Maximum impervious surface: 40% of lot area.
The Rm-1 Residential District is intended to
provide for multiple-family residential development at densities not
to exceed 8 dwelling units per net acre served by municipal sanitary
sewer facilities.
B.
Permitted accessory uses.
(1)
Accessory structures and uses customarily incident
to the above uses, including private garages when located on the same
lot and not involving the conduct of a business; provided, however,
that no principal structure shall be erected unless a garage with
a minimum of one parking space per dwelling unit is erected simultaneously
with the principal structure; and carports shall not be permitted
in such district. Each required indoor parking space shall be a minimum
of 240 square feet in area. Every garage so erected for a two-family
dwelling shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main structure.
The Plan Commission may allow the required garage for a multifamily
development (three or more dwelling units) to be a detached structure.
In addition to garages, servants' quarters shall be considered accessory
structures; provided, however, that such quarters shall be occupied
only by servants employed on the premises and shall not be rented
as a separate domicile, and such quarters shall be connected with
the principal structures in the same manner as garages.
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Utility substations.
(2)
Multiple-family dwellings at densities over 8 dwelling
units per net acre.
(3)
Home occupations.
(4)
Professional home offices.
(5)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
E.
Building height and area.
(1)
Height.
[Amended 9-10-2001]
(a)
The building height for principal structures
(including any part thereof) shall not exceed 36 feet; provided, however,
that the building height for a principal structure may be increased
by one foot for every two feet added to all side yard and the rear
setback requirements for the district in which the structure is located.
A maximum of five feet of additional building height may be added
under this subsection.
(b)
For principal structures having exposed foundations
on the side or rear yards, the vertical height at that location shall
not exceed 46 feet; provided, however, that the vertical height at
that location may be increased by one foot for every two feet added
to all side and rear setback requirements of the district up to a
maximum of five feet of additional vertical height.
(c)
The building height of accessory structures,
other than servants' quarters and garages, shall not exceed 10 feet.
(d)
The building height of servants' quarters and
garages shall not exceed 36 feet.
(2)
No two-family structure shall be less than 2,200 square
feet in area, excluding attached garage area.
(3)
No multiple-family structure shall be less than 3,500
square feet in area, excluding garage area.
(4)
No two-family or multifamily dwelling unit shall contain
less than 1,000 square feet in living area per unit.
G.
Maximum building footprint area: 30% of lot area.
H.
Maximum impervious surface: 65% of lot area.
[Added 11-14-2018]
The Rm-2 Residential District contains multiple-family residential
development for independent senior living dwellings in which all residents
are over the age of 62 years as defined by 24 CFR 100.303, as amended
from time to time.[1] Such independent senior living dwellings must be served
by municipal sanitary sewers and municipal water.
B.
Permitted accessory uses. Accessory structures and uses customarily
incident to the above uses, including private garages when located
on the same lot and not involving the conduct of a business; provided,
however, that no principal structure shall be erected unless a garage
with a minimum of one parking space per dwelling unit is erected simultaneously
with the principal structure; and carports shall not be permitted
in such district. Each required indoor parking space shall be a minimum
of 240 square feet in area. Every garage so erected for a two-family
dwelling shall be directly connected with the main structure, either
by common wall, portico, porch or similar connection, roofed over,
said roof to be connected to the roof or walls of the main structure.
The Plan Commission may allow the required garage for a multifamily
development containing three or more dwelling units to be a detached
structure.
C.
Conditional uses.
(1)
Utility substations.
(2)
Multiple-family independent senior living dwellings as part of a Residential Planned Development Overlay District project under § 335-30. Densities of up to 38 dwelling units per net acre may potentially be granted subject to the adjustments provided for in § 335-30F(3) and (4).
(3)
Home occupations.
(4)
Driveways, patios, walkways or other hardscape constructed using
a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
E.
Building height and area.
(1)
Height.
(a)
The building height for principal structures (including any
part thereof) shall not exceed 36 feet; provided, however, that the
building height for a principal structure may be increased by one
foot for every two feet added to all side yard and the rear setback
requirements for the district in which the structure is located. A
maximum of five feet of additional building height may be added under
this subsection.
(b)
For principal structures having exposed foundations on the side
or rear yards, the vertical height at that location shall not exceed
46 feet; provided, however, that the vertical height at that location
may be increased by one foot for every two feet added to all side
and rear setback requirements of the district, up to a maximum of
five feet of additional vertical height.
(c)
The building height of accessory structures, other than garages,
shall not exceed 10 feet.
(d)
The building height of detached garages shall not exceed 24
feet.
(2)
No multiple-family structure shall be less than 3,500 square
feet in area, excluding the garage area.
(3)
No dwelling unit shall contain less than 700 square feet in
living area.
G.
The maximum building footprint area shall be 30% of the lot area.
H.
The maximum impervious surface shall be 65% of the lot area.
[1]
24CFR 100.303 (April 1, 2015) 62 or over housing.
(a) The provisions regarding familial status in this part
shall not apply to housing intended for, and solely occupied by, persons
62 years of age or older. Housing satisfies the requirements of this
section even though:
(1) There are persons residing in such housing on September
13, 1988 who are under 62 years of age, provided that all new occupants
are persons 62 years of age or older;
(2) There are unoccupied units, provided that such units are
reserved for occupancy by persons 62 years of age or over;
(3) There are units occupied by employees of the housing (and
family members residing in the same unit) who are under 62 years of
age provided they perform substantial duties directly related to the
management or maintenance of the housing.
(b) The following examples illustrate the application of paragraph
(a) of this section:
Example (1): John and Mary apply for housing at the Vista
Heights apartment complex which is an elderly housing complex operated
for persons 62 years of age or older. John is 62 years of age. Mary
is 59 years of age. If Vista Heights wishes to retain its "62 or over"
exemption it must refuse to rent to John and Mary because Mary is
under 62 years of age. However, if Vista Heights does rent to John
and Mary, it might qualify for the "55 or over" exemption in § 100.304.
Example (2): The Blueberry Hill retirement community has 100
dwelling units. On September 13, 1988, 15 units were vacant and 35
units were occupied with at least one person who is under 62 years
of age. The remaining 50 units were occupied by persons who were all
62 years of age or older. Blueberry Hill can qualify for the "62 or
over" exemption as long as all units that were occupied after September
13, 1988 are occupied by persons who were 62 years of age or older.
The people under 62 in the 35 units previously described need not
be required to leave for Blueberry Hill to qualify for the "62 or
over" exemption.
The B-1 Business District is intended to provide
for individual or small groups of retail and customer service establishments
serving primarily the convenience of the local neighborhood. The setting
is that of a shopping center with adequate off-street parking. The
character, appearance and operation of local centers shall be compatible
with the character of the surrounding area.
A.
Permitted uses.
(1)
Antique and collectors stores.
(2)
Appliance stores.
(3)
Art shops.
(4)
Bakeries.
(5)
Banks, credit unions, savings and loan associations
and other financial institutions.
(6)
Barbershops and beauty parlors.
(7)
Book or stationery store.
(8)
Broadcast studios without transmission or receiving
towers.
(9)
Brokerages (stock, mortgage and other financial services).
(10)
Business offices.
(11)
Camera and photographic supply stores.
(12)
Clothing store, tailor or dressmaker.
(13)
Cocktail lounges.
(14)
Convenience grocery or food store.
(15)
Confectioneries.
(16)
Delicatessens.
(17)
Dental clinics.
(18)
Department stores.
(19)
Drugstores.
(20)
Electronic stores.
(21)
Fish markets.
(22)
Florist shop.
(23)
Fruit stores.
(24)
Furriers and fur apparel.
(25)
Furniture stores.
(26)
Gift stores.
(27)
Grocery stores.
(28)
Hardware stores.
(29)
Hobby and craft shops.
(30)
Insurance sales offices and real estate offices.
(31)
Interior decorator.
(32)
Janitorial supplies.
(33)
Jewelry stores.
(34)
Laundries and dry-cleaning establishments.
(35)
Lodges and clubs.
(36)
Meat markets.
(37)
Medical clinics.
(38)
Music stores.
(39)
Newspaper and magazine stores.
(40)
Office supplies and business machine stores.
(41)
Optical stores.
(42)
Packaged beverage stores.
(43)
Paint, glass and wallpaper stores.
(44)
Parking lots and parking structures serving
groups of businesses in the district.
(45)
Photographer.
(46)
Plumbing and heating supplies.
(47)
Professional offices.
(48)
Publishing houses.
(49)
Real estate offices.
(50)
Restaurants, except drive-in restaurants or
restaurants with drive-through windows with take-away service.
[Amended 11-22-2011]
(51)
Self-service laundry and dry-cleaning establishments.
(52)
Shoe stores and leather goods stores, sales
and repairs.
(53)
Soda fountains.
(54)
Sporting goods stores.
(55)
Taverns.
(56)
Theaters.
(57)
Tobacco shops.
(58)
Variety stores.
(59)
Vegetable stores.
B.
Permitted accessory uses.
(1)
Garages for storage of vehicles used in conjunction
with the operation of business or owned or used by tenants residing
within quarters located in the same structure as the business.
[Amended 4-23-2002]
(2)
Off-street parking and loading areas.
(3)
Residential quarters for the owner or proprietor or any rental tenant located in the same structure as the business, provided such living accommodations satisfy all applicable health, safety and current building code provisions and such use is accurately reflected in a current plan of operation which identifies the number and location of all residential occupants in such structure in accordance with § 335-22 of the Code of the Village of Elm Grove.
[Amended 4-23-2002]
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Automotive and marine sales and service.
(2)
Building maintenance and supply stores.
(3)
Drive-in banks.
(4)
Equipment rental stores.
(5)
Fuel oil, bottled gas, salt and ice dealers.
(6)
Funeral homes.
(7)
Garden supply stores.
(8)
Gasoline service stations and car wash establishments,
provided that all pumps and service islands meet the setback and yard
requirements.
(9)
Grain processing and storage.
(10)
Physical culture facilities, such as fitness
centers, massage parlors, tanning parlors and body-piercing establishments
as defined by Wis. Admin. Code § HFS 173.03(8) and tattoo
parlors.
(11)
Power equipment centers, sales, service and
storage.
(12)
Restaurants with drive-through windows with take-away service. Only
property which has frontage along, and vehicular ingress and egress
access to, Bluemound Road may be considered for such a use.
[Added 11-22-2011[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of Subsection B(12) through (16) as Subsection B(13) through (17),
respectively.
(13)
Utilities.
(14)
Video arcades.
(15)
Video tape sales and rental.
(16)
Wireless communication antennas.
(17)
Multifamily residential units as part of a Mixed Compatible Residential Planned Development Overlay District project under § 335-30. Densities of up to 12 dwelling units per net acre may potentially be granted subject to the adjustments provided for in § 335-30F(3) and (4).
[Added 5-25-2004]
(18)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
(19)
Other unspecified uses which are found to be similar in character
to those principal uses conditionally permitted by the Plan Commission.
[Added 3-24-2014]
D.
Lot area and width. Lots shall be a minimum of 7,200
square feet in area and shall be not less than 60 feet in width at
the front building line.
E.
Building height. No structure or parts thereof shall
exceed 35 feet in building height, or two stories, whichever is less.
No accessory structure shall exceed 10 feet in building height.
F.
Yards (principal and/or accessory structures).
G.
Yards within the Downtown Design Overlay District
(principal and/or accessory structures).
[Added 8-22-2006[2]]
(1)
Subject to the provisions of § 335-22G(2), the Plan Commission may approve deviations from any of the yard requirements specified in § 335-22F.
(2)
Notwithstanding the provisions of § 335-22F(1), (2) and (3), an applicant shall propose, and the Plan Commission shall review and approve, the proposed side, front and rear yard setbacks for structures to be developed or redeveloped within the boundaries of the Downtown Design Overlay District as established by § 335-12G(3). Before determining appropriate setbacks, the Plan Commission shall first make a final determination that due consideration has been given to the existing conditions of adjacent properties when establishing side, front and rear yard setbacks, so as to provide a suitable, streamlined and compatible transition between structures. The following criteria shall be considered by the Plan Commission in determining front, side and rear yard setbacks:
(a)
Whether the building setbacks of new or modified
structures are compatible with those of existing, adjacent structures
and are scaled at an appropriate distance based on massing and height
characteristics to adjacent structures;
(b)
Whether the proposed new or modified structure
fosters a harmonious relationship to adjacent structures;
(c)
Whether the proposed location of the new or
modified structure is reasonably accessible to streets and public
walkways, as contemplated in the Downtown District Site Design Guidelines;
(d)
Whether the major facade and/or major entrance
of the proposed new or modified structure is functionally linked to
the primary pedestrian access as determined by the Plan Commission
on a case-by-case basis; and
(e)
Whether the proposed new or modified structure
maintains an appropriate distance from any adjacent single- and/or
multiple-family residentially zoned properties as determined by the
Plan Commission on a case-by-case basis.
H.
Maximum impervious surface: 80% of lot area.
I.
Maximum building footprint area: 60% of lot area.
The B-2 Business District is intended to provide
for individual or limited office and special service uses where the
office activity would be compatible with other neighborhood uses and
not exhibit the intense activity of other business districts.
A.
Permitted uses.
(1)
Advertising agency.
(2)
Barbershops.
(3)
Beauty shops.
(5)
Brokerages (stock, mortgage, and other financial services).
(6)
Clothing resale shops.
(7)
Corporate business offices.
(8)
Day-care centers.
(9)
Interior decorator.
(10)
Professional offices of an architect, landscape
architect, lawyer, accountant, doctors of medicine, Christian Science
practitioner, dentist, clergy, engineer, manufacturer's representative,
business consultant, computer consultant or other recognized profession,
but excluding body-piercing establishment operator [as defined by
Wis. Admin. Code § HFS 173.03(8)], massage therapist, body
worker or cosmetician.
(11)
Real estate and insurance offices.
(12)
Studios for photography, painting, music, sculpture,
dance or other recognized fine art.
(13)
Travel agents.
(14)
Other unspecified uses which are found to be
similar in character to those principal uses permitted by the Plan
Commission.
C.
Conditional uses.
[Amended 9-10-2001; 5-25-2004; 9-25-2007]
(1)
Radio and television broadcast studios.
(2)
Utilities.
(3)
Wireless communication antennas.
(4)
Multifamily residential units as part of a Mixed Compatible Residential Planned Development Overlay District project under § 335-30. Densities of up to 12 dwelling units per net acre may potentially be granted subject to the adjustments provided for in § 335-30F(3) and (4).
(5)
Antique and collectors stores.
(6)
Appliance stores.
(7)
Art shops.
(8)
Bakeries.
(9)
Banks, credit unions, savings and loan associations
and other financial institutions.
(10)
Broadcast studios without transmission or receiving
towers.
(11)
Business offices.
(12)
Camera and photographic supply stores.
(13)
Clothing store, tailor or dressmaker.
(14)
Confectioneries.
(15)
Delicatessens.
(16)
Dental clinics.
(17)
Department stores.
(18)
Drugstores.
(19)
Electronic stores.
(20)
Fish markets.
(21)
Florist shops.
(22)
Fruit stores.
(23)
Furriers and fur apparel.
(24)
Furniture stores.
(25)
Gift stores.
(26)
Hobby and craft shops.
(27)
Jewelry stores.
(28)
Meat markets.
(29)
Medical clinics.
(30)
Music stores.
(31)
Newspaper and magazine stores.
(32)
Office supplies and business machine stores.
(33)
Optical stores.
(34)
Paint, glass and wallpaper stores.
(35)
Professional offices.
(36)
Shoe stores and leather goods stores, sales
and repairs.
(37)
Sporting goods stores.
(38)
Variety stores.
(39)
Vegetable stores.
(40)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Amended 3-24-2014[1]]
[1]
Editor's Note: This ordinance also renumbered former
Subsection C(40) as Subsection C(41).
(41)
Other unspecified uses which are found to be
similar in character to those principal uses conditionally permitted
by the Plan Commission.
D.
Lot area and width. Lots shall be a minimum of 7,200
square feet in area and shall be not less than 60 feet in width at
the front building line.
E.
Building height. No principal structure or parts of
a principal structure shall exceed 35 feet in height, or two stories,
whichever is less. No accessory structure shall exceed 10 feet in
height.
F.
Yards (principal and/or accessory structures).
G.
Yards within the Downtown Design Overlay District
(principal and/or accessory structures).
[Added 8-22-2006]
(1)
Subject to the provisions of § 335-23G(2), the Plan Commission may approve deviations from any of the yard requirements specified in § 335-23F.
(2)
Notwithstanding the provisions of § 335-23F(1), (2) and (3), an applicant shall propose, and the Plan Commission shall review and approve, the proposed side, front and rear yard setbacks for structures to be developed or redeveloped within the boundaries of the Downtown Design Overlay District as established by § 335-12G(3). Before determining appropriate setbacks, the Plan Commission shall first make a final determination that due consideration has been given to the existing conditions of adjacent properties when establishing side, front and rear yard setbacks, so as to provide a suitable, streamlined and compatible transition between structures. The following criteria shall be considered by the Plan Commission in determining front, side and rear yard setbacks:
(a)
Whether the building setbacks of new or modified
structures are compatible with those of existing, adjacent structures
and are scaled at an appropriate distance based on massing and height
characteristics to adjacent structures;
(b)
Whether the proposed new or modified structure
fosters a harmonious relationship to adjacent structures;
(c)
Whether the proposed location of the new or
modified structure is reasonably accessible to streets and public
walkways, as contemplated in the Downtown District Site Design Guidelines;
(d)
Whether the major facade and/or major entrance
of the proposed new or modified structure is functionally linked to
the primary pedestrian access as determined by the Plan Commission
on a case-by-case basis; and
(e)
Whether the proposed new or modified structure
maintains an appropriate distance from any adjacent single- and/or
multiple-family residentially zoned properties as determined by the
Plan Commission on a case-by-case basis.
H.
Maximum impervious surface: 80% of lot area.
I.
Maximum building footprint area: 60% of lot area.
The B-3 Business District is intended to provide
for office, professional and special service uses in a more intense,
urban setting.
A.
Permitted uses.
(1)
Administrative and public service offices.
(2)
Banks or financial institutions.
(3)
Barbershops and beauty shops.
(4)
Brokerages (stock, mortgage and other financial services).
(5)
Corporate business offices.
(6)
Fitness centers.
(7)
Gift shops and boutiques.
(8)
Hotels and motels.
(9)
Interior decorator.
(10)
Medical clinics.
(11)
Professional offices of an architect, landscape
architect, lawyer, accountant, engineer, manufacturer's representative,
business consultant, computer consultant or other recognized profession.
(12)
Real estate and insurance offices.
(13)
Retail stores.
(14)
Studios for photography, painting, music, sculpture,
dance or other recognized fine art.
C.
Conditional uses.
[Amended 9-10-2001]
(1)
Convention centers.
(2)
Radio and television broadcast studios.
(3)
Restaurants and delicatessens.
(4)
Restaurants
with drive-through windows with take-away service. Only property which
has frontage along, and vehicular ingress and egress access to, Bluemound
Road may be considered for such a use.
[Added 11-22-2011[1]]
(5)
Automotive parking on a short-term basis related to
businesses on adjacent properties.
(6)
Wireless communication antennas.
(7)
Multifamily residential units as part of a Mixed Compatible Residential Planned Development Overlay District project under § 335-30. Densities of up to 12 dwelling units per net acre may potentially be granted subject to the adjustments provided for in § 335-30F(3) and (4).
[Added 5-25-2004]
(8)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
(9)
Other unspecified uses which are found to be similar in character
to those principal uses conditionally permitted by the Plan Commission.
[Added 3-24-2014]
D.
Lot area and width. Lots shall have a minimum area
of 40,000 square feet and shall be not less than 100 feet in width
at the front building line.
E.
Building height.
(1)
Principal structures in the B-3 Business District
shall not be less than three, nor more than five, stories in height.
No accessory structure shall exceed 10 feet in building height.
(2)
No principal structure or parts of a principal structure
shall exceed 65 feet in height. Accessory structures shall not exceed
10 feet in height.
F.
Yards (principal and/or accessory structures).
(1)
There shall be a minimum setback of 50 feet from each
abutting street right-of-way for structures not exceeding 35 feet
in height.
(2)
There shall be a side yard setback on each side of
all buildings not less than 25 feet in width for structures not exceeding
35 feet in height.
(3)
There shall be a rear yard setback of not less than
25 feet for structures not exceeding 35 feet in height.
(4)
The setback requirements in all yards shall be increased
one foot for each two feet the structure exceeds 35 feet in height.
G.
Maximum impervious surface: 80% of lot area.
H.
Maximum building footprint area: 60% of lot area.
The M-1 Manufacturing District is intended to
provide for manufacturing, industrial and related uses of a limited
nature and size in situations where such uses are not located in basic
industrial groupings and where the relative proximity to other uses
requires more restrictive regulation.
B.
Conditional uses. Processing, manufacturing and/or
storage of the following, provided that the Plan Commission, in approving
or disapproving proposed locations for uses under this subsection,
shall give due consideration to the character and suitability for
development of the neighborhood in which any such use is proposed
to be located, and shall also base its decision on such evidence as
may be presented to the Plan Commission regarding those attributes
of the proposed use, such as increased traffic on the public streets,
heavy vehicular traffic and the emission of noise, smoke, dust or
dirt, odorous or noxious gases and the like, that would be detrimental
to such character and such suitability for development.
[Amended 9-10-2001]
(1)
Dairies and bottling plants.
(2)
Dry cleaners and dyeing establishments.
(3)
Laundries.
(4)
Printing and publishing.
(5)
Wholesaling and distributors.
(6)
Any similar use, subject to the approval of the Plan
Commission.
(7)
Adult-oriented establishments.
(8)
Garages for storage of vehicles used in conjunction
with the operation of an industry.
(9)
Off-street parking and loading areas.
(10)
Office, storage, power supply and other uses
normally auxiliary to the principal industrial operations.
(11)
Restaurants and delicatessens to serve industrial
workers.
(12)
Experimental, testing and research laboratories.
(13)
Factory outlets.
(14)
Millwork.
(15)
Service facilities for in-factory day-care services
to employees, provided that all state and federally imposed standards
for day-care facilities are complied with.
(16)
Utilities.
(17)
Wireless communication antennas.
(18)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
(19)
Other unspecified uses which are found to be similar in character
to those principal uses conditionally permitted by the Plan Commission.
[Added 3-24-2014]
C.
Lot area and width. Lots in the M-1 District shall
have a minimum of 20,000 square feet in area and shall be not less
than 50 feet in width at the front building line.
D.
Building height and area. No structure or parts of
a structure shall exceed 45 feet in height or two stories. Accessory
structures shall not exceed 10 feet in height.
E.
Yards (principal and/or accessory structures).
F.
Maximum impervious surface: 80% of lot area.
G.
Maximum building footprint area: 60% of lot area.
[Amended 10-13-1997]
The I-1 Institutional District is intended to
provide for private and quasi-public institutional uses and private
and public schools.
C.
Conditional uses.
[Amended 9-10-2001]
(2)
Cemeteries.
[Added 3-27-2012]
(3)
Medical clinics.
(4)
Utilities.
(5)
Water towers and storage tanks.
(6)
Transmitting towers, receiving towers, relay and microwave
towers with or without broadcast facilities or studios.
(7)
Wireless communication antennas.
(8)
Community-based residential facilities with densities not to exceed 12 residential units per net acre. An enhanced density of not more than 35 residential units per net acre may be granted at the discretion of the Board of Trustees if found to comply with all criteria listed under § 335-30F(3)(d). All residential units in a community-based residential facility allowable under this subsection shall consist of at least a single room with an attached bathroom that shall not be occupied by more than two residents.
[Added 11-22-2011]
(9)
Residential care apartment complexes with densities not to exceed 12 residential units per net acre. An enhanced density of not more than 30 residential units per net acre may be granted at the discretion of the Board of Trustees if found to comply with all criteria listed under § 335-30F(3)(d).
[Added 11-22-2011]
(10)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
(11)
Other unspecified uses which are found to be similar in character
to those principal uses conditionally permitted by the Plan Commission.
[Added 3-24-2014]
D.
Lot area and width. Lots in the I-1 District shall
be a minimum of 20,000 square feet in area with a minimum lot width
of 100 feet at the front building line.
E.
Building height and area.
(1)
No principal structure or part of a principal structure
shall exceed 35 feet in height. No accessory structure shall exceed
10 feet in height.
(2)
A one-story dwelling shall have a minimum living area
of 1,600 square feet.
(3)
A split-level home shall have a minimum living area
of 1,600 square feet on the upper two levels.
(4)
A one-and-one-half-story home shall have a minimum
living area of 1,400 square feet on the first floor and a total minimum
area of 1,950 square feet.
(5)
A two-story home shall have a minimum combined living
area of 2,100 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 440 square feet.
(7)
The sum total of the floor area of the principal building
and all accessory buildings shall not exceed 30% of the lot area.
F.
Yards (principal and/or accessory buildings).
G.
Community-based residential facilities and residential care apartment complexes. Notwithstanding any other provision in this subsection to the contrary, for facilities granted a conditional use permit under § 335-26C(6) and/or § 335-26C(7) the following building height and area rules shall apply:
[Added 11-22-2011]
[Added 10-13-1997]
The G-1 Governmental District is intended to
eliminate the ambiguity of maintaining, in unrelated use districts,
areas which are under public or private ownership and where the use
for public governmental purpose is anticipated to be permanent.
C.
Conditional uses.
(1)
Utilities.
(2)
Water towers and storage tanks.
(3)
Communication structures.
(4)
Parking lots, driveways, walkways or other hardscape constructed
using a permeable surface to exceed the allowable percentage of maximum
impervious surface area as defined within this chapter.
[Added 3-24-2014]
(5)
Other unspecified uses which are found to be similar in character
to those principal uses conditionally permitted by the Plan Commission.
[Added 3-24-2014]
D.
Lot area and width. Lots in the G-1 District shall
be a minimum of 20,000 square feet in area with a minimum lot width
of 100 feet at the front building line.
E.
Building height and area.
(1)
No principal structure or part of a principal
structure shall exceed 35 feet in height. No accessory structure shall
exceed 10 feet in height.
(2)
A one-story dwelling shall have a minimum living
area of 1,600 square feet.
(3)
A split-level home shall have a minimum living
area of 1,600 square feet on the upper two levels.
(4)
A one-and-one-half-story home shall have a minimum
living area of 1,400 square feet on the first floor and a total minimum
area of 1,950 square feet.
(5)
A two-story home shall have a minimum combined
living area of 2,100 square feet on the two floors.
(6)
The required attached garage shall have a minimum
floor area of 440 square feet.
(7)
The sum total of the floor area of the principal
building and all accessory buildings shall not exceed 30% of the lot
area.
F.
Yards (principal and/or accessory buildings).
A.
Intent; boundaries.
(1)
The W-1 Wetland Overlay District is intended to preserve,
protect and enhance the ponds, streams and wetland areas of the Village
of Elm Grove. The preservation, protection and enhancement of these
areas will serve to maintain safe and healthful conditions; maintain
and improve water quality, both ground and surface; prevent flood
damage; control stormwater runoff; protect stream banks from erosion;
protect groundwater recharge and discharge areas; protect wildlife
habitat; protect native plant communities; avoid the location of structures
on soils which are generally not suitable for use; and protect the
water-based recreation resources of the Village.
(2)
The boundaries of the W-1 Wetland Overlay District
are based on the Wisconsin Wetland Inventory Map for the Village of
Elm Grove, dated December 16, 1987, and stamped "FINAL", and include,
but are not limited to, all wetlands shown on that map which are five
acres or greater in area and which are located within shorelands as
defined in this chapter.
B.
Permitted uses.
(1)
Hiking, fishing, swimming and boating, unless prohibited
by other ordinances and laws.
(2)
The harvesting of wild crops in a manner that is not
injurious to the natural reproduction of such crops.
(3)
The practice of silviculture, including the planting,
thinning and harvesting of timber.
(4)
Ditching, tiling, dredging, excavating or filling
done to maintain or repair an existing drainage system only to the
extent necessary to maintain the level of drainage required to continue
the existing use.
(5)
The construction and maintenance of piers, docks and
walkways, including those built on pilings.
(6)
The maintenance, repair, replacement and reconstruction
of existing streets, roads and bridges.
C.
Conditional uses.
(1)
The construction of streets which are necessary for
the continuity of the Village street system, necessary for the provision
of essential utility and public safety services or necessary to provide
access to permitted open space uses, provided that:
(a)
The street cannot, as a practical matter, be
located outside of a wetland; and
(b)
The street is designed and constructed to minimize
the adverse impact upon the natural functions of the wetland and meets
the following standards:
[1]
The street shall be designed and constructed
for the minimum cross section practical to serve the intended use;
[2]
Street construction activities are to be carried
out in the immediate area of the roadbed only; and
[3]
Any filling, flooding, draining, dredging, ditching,
tiling or excavating that is to be done must be necessary for the
construction or maintenance of the street.
(2)
The establishment and development of public and private
parks and recreation areas, public boat access sites, natural and
outdoor education areas, historic and scientific areas, wildlife refuges,
game preserves and private habitat areas, provided that:
(a)
Any private recreation or wildlife habitat area
must be used exclusively for that purpose;
(b)
No filling is to be done; and
(c)
Ditching, excavating, dredging, dike and dam
construction may be done in wildlife refuges, game preserves and private
wildlife habitat areas, but only for the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
(3)
The construction and maintenance of electric, gas,
telephone, water and sewer transmission and distribution lines and
related facilities by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power or water to members, provided that:
(a)
The transmission and distribution lines and
related facilities cannot, as a practical matter, be located outside
of a wetland; and
(b)
Any filling, excavating, ditching or draining
that is to be done must be necessary for such construction or maintenance
and must be done is a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
(4)
The construction and maintenance of railroad lines,
provided that:
(a)
The railroad lines cannot, as a practical matter,
be located outside of a wetland; and
(b)
Any filling, excavating, ditching or draining
that is to be done must be necessary for such construction or maintenance
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
D.
Prohibited uses.
(1)
Any use not listed as a permitted use or a conditional
use is prohibited unless the W-1 District lands concerned are first
rezoned into another district.
(2)
The use of a boathouse for human habitation and the
construction or placement of a boathouse or fixed houseboat below
the ordinary high-water mark of any navigable water are prohibited.
E.
Wetland mapping discrepancies. Whenever a discrepancy
exists between the boundary of a wetland, as shown in the W-1 Wetland
District, and actual field conditions, the Village shall contact the
Southeast District Office of the Wisconsin Department of Natural Resources
(DNR) to determine if the wetland delineation is in error. If the
DNR staff concurs that an area has been incorrectly mapped as a wetland,
the Village shall have the authority to immediately grant or deny
a permit in accordance with the regulations applicable to the correct
zoning district. The Village shall then take appropriate action to
amend the Zoning Map within a reasonable period of time.
F.
Amendment procedure.
(1)
Notice to DNR. The Village shall transmit a notice
of any change (text or map) in the W-1 District, if such change affects
land in the shoreland, to the Wisconsin Department of Natural Resources
(DNR). Notice requirements shall be as follows:
(a)
A copy of every petition for a text or map change
mailed within five days of filing with the Village Clerk.
(b)
At least 10 days' prior notice of any public
hearing on a shoreland W-1 zoning amendment.
(c)
Notice of a Village Plan Commission recommendation
no later than 10 days following the recommendation.
(d)
Notice of a Village Board decision no later
than 10 days following the decision.
(2)
Review standards. No wetland in a shoreland W-1 District
shall be rezoned if the rezoning may result in a significant adverse
impact on stormwater or floodwater storage capacity; maintenance of
dry season streamflow, the discharge of groundwater from the wetland
to another area or the flow of groundwater through a wetland; filtering
or storage of sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters; shoreline protection
against soil erosion; fish spawning, breeding, nursery or feeding
grounds; wildlife habitat; or areas of special recreational, scenic
or scientific interest, including scarce wetland types.
(3)
DNR objections. If the DNR has notified the Village Plan Commission that an amendment to the shoreland portion of the W-1 District may have a significant adverse impact upon any of the criteria listed in Subsection F(2) above, that amendment, if approved by the Village Board, shall contain the following provision:
|
"This amendment shall not take effect until
more than 30 days have elapsed since written notice of the Village
Board's approval of this amendment was mailed to the Department of
Natural Resources. During that 30-day period, the Department of Natural
Resources may notify the Village Board that it will adopt a superseding
shoreland ordinance for the Village pursuant to Section 61.351 of
the Wisconsin Statutes. If the Department does so notify the Village
Board, the effect of this amendment shall be stayed until the Section
61.351 adoption procedure is completed or otherwise terminated."
|
G.
Protest. In the event of a protest against such district
change or amendment to the regulations of this chapter, duly signed
and acknowledged by the owners of 20% or more either of the areas
of the land included in such proposed change, or by the owners of
20% or more of the land immediately adjacent extending 100 feet therefrom,
or by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such changes or amendments shall not become effective except by the
favorable vote of 3/4 of the Village Board members voting on the proposed
change.
A.
Intent; conflicting provisions.
(1)
The FWO Floodway Overlay District is intended to be
used to protect people and property from flood damage by prohibiting
the erection of structures that would impede the flow of water during
periodic flooding. Permitting use of the floodway would increase damages
in the broader floodplain by increasing flood stages. In delineating
the FWO District, the effects of development within the associated
flood fringe shall be computed. No increase in flood stage shall be
permitted that is equal to or greater than 0.01 foot unless the Village
has made appropriate legal arrangements with all affected units of
government and all property owners affected by the stage increase
and until the Village and all affected units of government have amended
their water surface profiles and floodland zoning maps to reflect
the increased flood elevations. No floodway overlay district changes
shall be permitted where the cumulative effect of changes increases
flood stages more than 1.0 foot. In addition to floodway delineated
by detailed engineering methods, any unnumbered A Zones which appear
on the Village's Flood Insurance Rate Map shall be placed in the FWO
Floodway Overlay District.
(2)
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic underlying zoning district
without disturbing the requirements of the basic district. In the
instance of conflicting requirements, the stricter of the conflicting
requirements shall apply.
B.
Permitted uses.
(1)
Drainage.
(2)
Movement of floodwater.
(3)
Navigation.
(4)
Stream bank protection.
(5)
Water measurement and control facilities.
(6)
Any of the following uses are permitted, provided
that they are permitted uses in the district immediately adjacent
to the floodway, and further provided that such use shall not involve
the erecting or placing of a structure.
(a)
Grazing.
(b)
Horticulture.
(c)
Open parking and loading areas, provided that
such uses shall not be subject to inundation depths greater than two
feet or flood velocities greater than two feet per second.
(d)
Open recreational uses, such as parks, sport
fields, beaches, bathing, golf courses and driving ranges.
(e)
Outdoor plant nurseries.
(f)
Utility poles, towers and underground conduit
for transmitting electricity, telephone, cable television, natural
gas, water and sewer lines and similar products and services.
(g)
Wildlife preserves.
C.
Conditional uses.
(1)
Open space and related uses for the following uses,
provided that the applicant shows that such use or improvement will
not impede drainage, will not cause ponding, will not obstruct the
floodway, will not increase flood flow velocities, will not increase
the flood stage and will not retard the movement of floodwaters. When
permitted, all structures shall be floodproofed and constructed so
as not to catch or collect debris nor be damaged by floodwaters. Certification
of floodproofing shall be made to the Building Inspector and shall
consist of a plan or document certified by a registered professional
engineer that the floodproofing measures are consistent with the flood
velocities, forces, depths and other factors associated with the one-hundred-year
recurrence interval flood.
(a)
Navigational structures.
(b)
Public water measuring and control facilities.
(c)
Bridges and approaches.
(d)
Marinas.
(e)
Filling as authorized by the Wisconsin Department
of Natural Resources to permit the establishment of approved bulkhead
lines.
(f)
Other open space uses consistent with the purpose
and intent of the district and compatible with uses in adjacent districts,
not including structures.
(2)
Municipal water supply and sanitary sewage collection
systems, provided that the system is floodproofed to an elevation
of at least two feet above the elevation of the one-hundred-year recurrence
interval flood and is designed to eliminate or minimize infiltration
of floodwaters into the system. Certification of floodproofing shall
be made to the Building Inspector and shall consist of a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the flood velocities, forces, depths
and other factors associated with the one-hundred-year recurrence
interval flood level for the particular stream reach.
D.
Dumping and filling prohibited. Lands lying within
the Floodway Overlay District shall not be used for dumping or be
filled except as authorized to permit establishment of approved bulkhead
lines or to accommodate bridge approaches. Normal earth grading activities
to permit utilization of the lands for open space, outdoor recreation,
yard, parking and similar uses are permitted.
E.
Dangerous materials storage prohibited. Lands lying
within the Floodway Overlay District shall not be used for the storage
of materials that are buoyant, flammable, explosive or injurious to
human, animal or plant life.
F.
Incompatible uses prohibited. Lands lying within the
Floodway Overlay District shall not be used for any solid waste disposal
site or on-site soil absorption sanitary sewerage system site or the
construction of any well which is used to obtain water for ultimate
human consumption. Sewage treatment plants and treatment ponds shall
not be constructed in the Floodway Overlay District.
G.
Maintenance of drainageways. No development in the
Floodway Overlay District shall adversely affect the channels, floodways
or shorelands of any tributary of Underwood Creek, Dousman Ditch,
drainage ditches or other lands lying outside the floodlands.
A.
Intent; conflicting provisions.
(1)
The FFO Floodplain Fringe Overlay District is intended
to provide for and encourage the most appropriate use of land and
water in areas subject to periodic flooding and to minimize flood
damage to people and property. In developing flood fringe areas, consideration
shall be given to the maintenance of flood storage capacity and preventing
significant increases in the flood discharges identified in the Village's
Flood Insurance Study. The effects of development within the flood
fringe shall be computed. No increase in flood stage shall be permitted
to exceed 0.01 foot unless the permit applicant has made appropriate
legal arrangements with all affected units of government and all property
owners affected by the stage increase and until all such affected
units of government have amended their water surface profiles and
floodland zoning maps to reflect the increased flood elevations. Under
no circumstances shall the cumulative effect of flood stage increases
raise the regional flood profile in excess of 1.0 foot.
(2)
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic underlying zoning district
without disturbing the requirements of the basic district. In the
instance of conflicting requirements, the more strict of the conflicting
requirements shall apply.
B.
Permitted uses.
(1)
Any use of land, except development involving structures,
that is permitted in the underlying basic use district. Examples of
such use would be required yards in a residential district; or parking
or loading areas in a commercial or industrial district, provided
that inundation depths for parking and loading areas do not exceed
two feet or that such areas are not subject to flood velocities greater
than two feet per second upon the occurrence of a one-hundred-year
recurrence interval flood.
C.
Conditional uses.
(1)
Residential and commercial structures, provided that the structure is permitted in the underlying basic use district, and provided that such floodplain fringe areas shall be filled to an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood. Such fill shall extend for at least 15 feet beyond the limits of the structure placed thereon. All structures shall be provided with dryland access to lands outside the floodplain. Where existing streets or sewer lines are at elevations which make dryland access impractical, the Village may permit development where access roads are at or below the one-hundred-year recurrence interval flood stage, provided that the Village has written assurance from appropriate police and fire departments and emergency service agencies that rescue and relief service will be provided to properties in the area by wheeled vehicles during a flood event, or the Village has an adopted natural disaster plan concurred with by the Wisconsin Division of Emergency Government and approved by the Wisconsin Department of Natural Resources. The finished surface of the lowest floor (excluding basement or crawlway) shall be constructed or placed at an elevation that is at least two feet above the elevation of the one-hundred-year recurrence interval flood. Basement or crawlway floors may be placed at the one-hundred-year recurrence interval flood elevation, provided that the basement or crawlway is floodproofed to the flood protection elevation. Residential structures placed on fill may be removed from the Floodplain Fringe Overlay District, provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the property owner, or his agent, has complied with all the requirements for amending the Zoning Map as set forth in Article I of this chapter.
(2)
Industrial structures, provided that the structure is permitted in the underlying district and provided that the fill requirements and dryland access requirements for residential structures in the FFO District are complied with. However, when the intent and purpose of this chapter cannot be fulfilled by filling the floodplain fringe due to existing and committed development, and when the Village Plan Commission has made a finding to this effect, all new structures and all additions to existing structures in the Floodplain Fringe Overlay District shall be floodproofed to a point two feet above the elevation of the one-hundred-year recurrence interval flood. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths and other factors associated with the one-hundred-year recurrence interval flood level for the particular stream reach. Structures placed on fill may be removed from the Floodplain Fringe Overlay District, provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the property owner or his agent has complied with all the requirements for amending the Zoning Map as set forth in Article I of this chapter.
(3)
Accessory structures, provided that the structure
is not designed for human habitation, has a low flood-damage potential,
is constructed and placed to provide minimum obstruction to flood
flows (whenever possible, accessory structures should be placed with
their longitudinal axis parallel to the flow of floodwaters), is firmly
anchored to prevent them from floating away and restricting bridge
openings and has all services facilities (such as electrical and heating
equipment) at an elevation that is at least two feet above the one-hundred-year
recurrence interval flood.
(4)
Municipal water supply and sanitary sewerage systems,
provided that the system is floodproofed to an elevation of at least
two feet above the elevation of the one-hundred-year recurrence interval
flood and is designed to eliminate or minimize infiltration of floodwaters
into the system. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths and other
factors associated with the one-hundred-year recurrence interval flood
level for the particular stream reach.
(5)
Filling to remove lands from the FFO Floodplain Fringe Overlay District, provided that such fill shall be to an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood, and further provided that such lands are contiguous to lands lying outside of the floodlands. No such Floodplain Fringe Overlay District shall be removed from the Supplementary Floodland Zoning Map until the filling is complete and until the property owner, or his agent, has complied with all the requirements for amending the Zoning Map as set forth in Article I of this chapter.
D.
Incompatible uses prohibited. Land lying within the
Floodplain Fringe Overlay District shall not be used for any solid
waste disposal site, on-site soil absorption sanitary sewerage system
site or the construction of any well which is used to obtain water
for ultimate human consumption.
E.
Maintenance of drainageways. No filling or development
in the FFO Floodplain Fringe Overlay District shall adversely affect
the channels, floodways or shorelands of any tributary of Underwood
Creek, Dousman Ditch, drainage ditches or other lands lying outside
the floodlands.
F.
Floodland permit required. No river or stream shall
be altered or relocated until a floodland zoning change has been applied
for and granted in accordance with the requirements of this section,
and until all adjacent communities have been requested to review and
comment on the proposed alteration or relocation. The flood-carrying
capacity of the altered or relocated watercourse shall not be reduced
to less than the flood-carrying capacity before the watercourse was
altered or relocated.
G.
Wisconsin Department of Natural Resources Notification.
A copy of all notices for amendments or rezoning in the Floodland
Districts shall be transmitted to the Wisconsin Department of Natural
Resources (DNR). No amendments to the floodland district boundaries
or regulations shall become effective until approved by the DNR. In
the case of floodland district boundary changes, an official letter
of map amendment from the Federal Emergency Management Agency may
also be required.
[Amended 5-25-2004]
A.
Intent. The Planned Development Overlay District ("PDO
District") is intended to permit development, redevelopment and rehabilitation
of property through use of coordinated site planning, diversification
of location of structure location and/or types and/or through mixing
of compatible allowed uses. The PDO District is intended to achieve
high standards of planning and construction and allow for design flexibility
while, at the same time, maintaining use requirements set forth in
the underlying zoning district.
B.
General provisions.
(1)
A petition for unified and planned development, redevelopment
and/or rehabilitation of a site using a PDO District may encompass
one or more individual lots or structures, together with allowed compatible
uses and related accessory uses or structures (collectively, the "project")
may be approved in accordance with this section.
(2)
The Village may approve a specific petition for rezoning under this section after a public hearing when all regulations and standards, including but not limited to the approval, execution and recording of a development agreement as required in § 335-30J, have been met.
(3)
All petitions for a zoning amendment establishing
a PDO District shall be considered on a case-by-case basis by the
Plan Commission, in making its recommendation, and by the Village
Board.
(4)
The granting of a zoning amendment establishing a
PDO District shall be discretionary.
C.
Allowed uses.
(1)
Uses allowed in a PDO District are those uses expressly
provided for as permitted, conditional and/or accessory uses in the
underlying zoning district.
(2)
More than one type of use may be allowed in a PDO
District if the underlying zoning district allows such uses as permitted
and/or conditional uses.
D.
Dimensional and stormwater management requirements.
(1)
PDO Districts shall comply at all times with MMSD
District Rules and Regulations Chapter 13 relating to stormwater management
requirements within the underlying zoning district.
(2)
PDO Districts may, however, deviate from the requirements
of the underlying zoning district with respect to maximum building
height, yard areas, lot dimensions, setbacks and parking requirements.
(3)
The density of residential units allowed in the PDO District is subject to the provisions of § 335-30F(1).
(4)
PDO Districts authorized under this section shall
not contain less than the following applicable minimum acreage for
a single or combination of parcels:
|
Uses
|
Minimum Acreage
| |
|---|---|---|
|
Residential PDO District
|
5
| |
|
Commercial PDO District
|
5
| |
|
Industrial PDO District
|
20
| |
|
Mixed Compatible Use PDO District
|
20
| |
|
Mixed Compatible Use within the boundaries identified in § 335-12G(3)
|
1.5
| |
|
Residential PDO District adjacent on at least
one complete side to a business, office and/or manufacturing zoning
district in any municipality
|
1.5
|
E.
Ownership and transfer requirements.
(1)
Areas zoned as PDO Districts may be under any form
of ownership arrangement (including but not limited to the Wisconsin
Condominium Ownership Act [Wis. Stat. Ch. 703, as amended from time
to time]) provided the total completion of the project as reflected
in the development agreement approved by the Village Board of Trustees
can be guaranteed.
(2)
No project or portion thereof, except a residential
condominium unit therein, shall be transferred before full completion
of the obligations within the development agreement without the prior
written consent of the Village Board of Trustees.
(3)
All requests for consent to transfer that are approved
by the Village Board shall be conditioned upon the deposit of financial
security in whatever form or amount deemed reasonably necessary by
the Village Board of Trustees.
(4)
Individually developed lots or improvements thereon
may be transferred at any time after execution and recording of the
development agreement if allowed by the terms of the development agreement.
F.
Residential density calculations.
(1)
Determination of residential density. Only one of
three possible levels of residential density shall be allowed in a
specific PDO District:
(a)
The number of residential units allowed as a
permitted use in the underlying zoning district; or
(b)
The number of residential units allowed as a
conditional use in the underlying zoning district, which can be less,
but not more than, a maximum total density of 12 dwelling units per
net acre; or
(c)
The number of residential units allowed where an enhanced density is allowed in recognition of a project of exceptionally high overall quality as provided by § 335-30F(3).
(2)
Density calculations involving residential use. Except
as otherwise allowed by this subsection, residential unit density
in all PDO Districts shall be calculated by considering all land encompassed
within the proposed project area.
(3)
Enhanced density.
(a)
If, notwithstanding dimensional differentials,
a proposed project uniformly contains exterior and interior materials,
design details, workmanship and features of an exceptionally high
quality, comparable to the highest quality tier of the Village's then
current housing stock or its best commercial office structure, an
"enhanced density" for residential units may be recommended by the
Plan Commission and may be granted as part of the original PDO District
approval process.
(b)
If granted, the enhanced density level of residential
use shall be in lieu of any other possible residential density.
(c)
An enhanced density shall constitute a discretionary
number of residential units that can be less than but not more than
a maximum total of 22 residential units per net acre.
(d)
The following criteria shall be considered by
the Village Board of Trustees in determining whether to approve an
enhanced density:
[1]
Whether the project will provide better utilization
of the land and better preservation of natural resources than would
otherwise be realized if the site were developed either in conformity
with the density requirements of the underlying district or as a PDO
District without an enhanced density;
[2]
Whether the project makes adequate provision
such that an increase in residential density will not have an unreasonable
adverse effect on neighboring properties, existing and/or proposed
public rights-of-way and/or municipal and other public services as
a result of the type, intensity and frequency of the use(s) associated
with the proposed project;
[3]
Whether the structures proposed for the project
are harmonious with existing surrounding structures and land uses.
[4]
Whether building materials have been selected
and are proposed to be utilized in a manner that is harmonious with
the natural environment and the general character of other buildings
and structures in the vicinity of the proposed development.
[5]
Whether the proposed project will result in
the construction or upgrading of specific public infrastructure improvements
that will benefit the public without cost to the Village.
[6]
Whether the proposed project will enhance an
existing structure that is deemed beneficial to the character of the
neighborhood where it is situated.
(4)
Mixed Compatible Use PDO District. The residential
density of a Mixed Compatible Use PDO District project shall take
into account the amount of nonresidential use in the project as follows:
(a)
The average net interior square footage of all
residential units ("ARU") upon completion of the project shall be
calculated. This calculation shall not, however, include utility space,
garage and areas, such as halls or other common areas, shared by all
occupants.
(b)
The total interior square footage of all space
devoted to nonresidential ("TNR") uses shall be calculated. This calculation
shall not, however, include utility space, garage areas for customer
and employee parking and, where different portions of a building are
owned or rented by different entities, areas, such as halls and other
common areas, that are shared by more than one such entity.
(c)
TRU is the total number of residential units
anticipated upon completion of the project.
(d)
Land size is the total size of the project in
net acres.
(e)
The effective residential density ("ERD") shall
be calculated according to the expression:
|
ERD = [TRU + (TNR/ARU)] ÷ land size. The effective residential density shall not be greater than the level of residential density allowed for a project in § 335-30F(1).
|
G.
Procedural requirements.
(1)
Conceptual review.
(a)
All parties contemplating a request for the
establishment of a PDO District shall first confer with the Zoning
and Planning Administrator prior to appearing before the Plan Commission
or filing a rezoning petition and provide sufficient written details
and drawings concerning the proposed project as necessary to permit
an adequate staff review.
(b)
A staff review may involve other Village departments
and professional consultants in the assessment of the feasibility
and potential impact of the project on Village infrastructure and
resources as well as its conformity with the provisions of the Village's
Zoning Code.
(c)
Any party desiring to submit a petition for
the establishment of a PDO District shall, following completion of
the staff review process, meet with the Village Plan Commission for
a conceptual review prior to the submission of the petition.
(d)
The purpose of the conceptual review is solely
for the purpose of allowing the exchange of informal observations
about a possible project while facilitating the orientation of the
members of the Plan Commission and the petitioner(s) of a potential
project regarding issues that may have to be addressed in the event
that a petition is filed.
(e)
All discussion about the proposed nature and
scope of the contemplated project at the conceptual review by Village
staff and Plan Commission members shall be nonbinding commentary and
shall not, under any circumstance, vest any party with any right with
respect to any development or project contemplated or discussed.
(f)
A request for a conceptual review shall be accompanied
by the payment of the fee established by Village Board resolution
from time to time.
(2)
Petition. Following completion of the conceptual review,
all affected real estate owners within the proposed PDO District or
their agents shall file a petition with the Village Clerk for rezoning
of the property as a PDO District. Such petition shall be accompanied
by the review fee established by Village Board resolution from time
to time and by all of the following information:
(a)
A statement that describes the relationship
of the proposed PDO District to the Village's Zoning Code, adopted
Master Plan (or any adopted component thereof), and describes in detail
the uses requested to be included in the proposed PDO District, including
the following information:
[1]
Total area to be included in the PDO District, area of open space, the proposed number of dwelling units, together with the proposed residential unit density and details of supporting calculations in accordance with this § 335-30, projected population analysis with details that support the assumptions used to calculate same, requirements for and availability of municipal or school district services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[2]
A general summary of the estimated cost of constructing
public and private structures and site-related improvements, landscaping
and special features.
[3]
Details about the manner in which the owners
will participate in the formulation and execution of the development
agreement.
[4]
Details concerning the organizational structure
of the property owners' or management association proposed to be established
for the purpose of providing any necessary continuing private services,
implementation of the development agreement or administration of the
project.
[5]
Any proposed departures from the standards of
development as set forth in the Village zoning ordinances other Village
ordinances or applicable state or federal statutes or regulations.
[6]
A realistic development timetable, including
all benchmark dates from commencement to completion of physical development
of the proposed project.
(b)
A general development plan including:
[1]
A legal description of the boundaries of all
property included in the proposed PDO District and its relationship
to surrounding properties, including existing topography on the site
with contours at no greater than two-foot intervals as part of an
ALTA survey.
[2]
A detailed site plan for the entire PDO District
showing:
[a]
The type, size, arrangement, including
respective use(s) and location of any individual lots, building sites
and proposed structures on each individual lot.
[b]
The location of open space areas
and areas reserved or dedicated for private or public uses, including,
but not limited to, easements and drainageways.
[c]
Landscaping, exterior lighting
and signage.
[d]
The location of public and private
roads, driveways and parking facilities and the calculations used
to justify the number of spaces proposed.
[e]
The existing and proposed location
of public and private sanitary sewer and water supply facilities.
[f]
The existing and proposed location
of all other public and private utilities or other easements.
[g]
Characteristics of soils related
to contemplated specific uses.
[3]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
[4]
Architectural plans, elevation and perspective
drawings and sketches illustrating the character and design of all
proposed structures.
(3)
Referral to Plan Commission.
(a)
The petition for a Planned Development Overlay
District shall be referred to the Village Plan Commission for its
review and preliminary recommendation, including any additional conditions
or restrictions that it may deem reasonably necessary or appropriate.
(b)
No final recommendation shall be rendered by the Plan Commission until after the holding of the public hearing provided in § 335-30G(4), which shall be attended by as many of the members of the Plan Commission as feasible without necessity that a quorum be achieved.
H.
Review criteria for petition.
(1)
The Village Plan Commission, in making its preliminary
and final recommendation on the petition, and the Village Board, in
making its determination, shall consider whether each of the following
criteria are satisfied:
[Amended 12-21-2004]
(a)
Whether the petitioner(s) for the proposed Planned
Development Overlay District has demonstrated:
(2)
The Village Plan Commission, in making its preliminary
and final recommendations, and the Village Board, in making its decision
on any proposed PDO District, shall consider the following criteria:
(a)
The development will not be contrary to the
general welfare and economic prosperity of the community.
(b)
The proposed site is being provided with adequate
drainage facilities for surface and storm waters.
(c)
The proposed site is accessible from public
roads that are adequate to carry the traffic that can be expected
to be generated by the proposed development.
(d)
No undue constraint or burden will be imposed
on public services and facilities (such as fire, EMT and police protection),
street maintenance, maintenance of public areas near the proposed
development and/or educational facilities.
(e)
The private roads and driveways on the site
of the proposed development are adequate to serve the users of the
proposed development.
(f)
Public sanitary sewerage facilities are adequately
provided.
(g)
The entire tract or lots to be included in a
Planned Development Overlay District is subject to the terms and conditions
of the development agreement, and the legal description encompasses
said PDO District as a single area, shows all of its component lots
and has been prepared to be recorded with the Register of Deeds for
Waukesha County.
(h)
The proposed project will be adequately served
by appropriate off-street parking.
(i)
The architectural design, landscaping, control
of lighting and general site development will result in an attractive
and harmonious project compatible without unreasonably affecting the
property values of the surrounding neighborhood.
(j)
The locations for entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets and that the development
will not create an unreasonable adverse effect upon the general traffic
pattern of the surrounding neighborhood.
(k)
Provision has been made for the adequate and
continuing operation and maintenance of all aspects of the project.
(3)
In the case of a proposed PDO District with residential
uses, the Village Plan Commission, in making its preliminary and final
recommendations, and the Village Board, in making its decision on
any proposed PDO District, shall also consider the following:
(a)
Such development will provide an attractive
residential environment of sustained desirability and economic stability.
(b)
The impact of the population composition of
the project upon the school district's capacity to provide needed
educational services.
(c)
Permanent preservation of open space areas as
shown on the approved site plan is ensured by the creation of appropriate
easements and recorded deed restrictions.
(d)
The proposed mixture of uses produces a unified
composite which is compatible within the underlying districts and
which, as a total development entity, is compatible with the surrounding
neighborhood.
(4)
In the case of a proposed Industrial PDO District,
the Village Plan Commission, in making its preliminary and final recommendations,
and the Village Board, in making its decision on any proposed PDO
District, shall also consider the following:
(a)
The operational character, physical plant arrangement
and architectural design of structures will be compatible with the
latest in industrial development design and performance standards
and will not result in an adverse effect upon the property values
of the surrounding neighborhood.
(b)
The proposed project will include adequate provisions
for off-street parking and truck service areas and will be adequately
served by rail and/or arterial highway facilities.
(c)
The proposed project is compatible with the
available transportation system of the community and will not result
in an adverse effect on the safety and efficiency of the public streets.
I.
Determination.
(1)
The Village Board, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions and restrictions. The approval of a PDO District shall be based upon, and shall include as conditions thereto, approval of the plan of operation for the project and execution by all necessary parties to the development agreement as provided for in § 335-30J.
(2)
Rezoning to the Planned Unit Development Overlay District
shall not become effective until a development agreement has been
approved by the Village Board, is fully executed by all parties and
recorded with the Waukesha County Register of Deeds.
J.
Development agreement contents and demonstration of
consent.
(1)
The Village Board's review and approval process shall be conditioned upon the execution by the Village Board and the applicant of the development agreement approved by the Village Board in conjunction with its approval under § 335-30I embodying all of the terms and conditions of the specific project plan and any additional terms of implementation.
(2)
The development agreement shall be submitted to the
Plan Commission for its recommendation prior to approval by the Village
Board and shall include, without limitation by reason of enumeration:
(a)
Timetables for performance/completion of improvements;
(b)
Performance requirements and standards and assurances
for all improvements and/or modifications pertaining to the PDO District;
(c)
Inspection requirements;
(d)
Prohibitions on any division/combination of
the real estate lots included within the PDO District except as otherwise
provided, including an exception for residential condominium units;
(e)
Provision for lapsing of specific plan approval
and automatic reversion of the zoning status of the property to non-PDO
District status upon specified changes of circumstances or upon failure
of the project to materialize as agreed to in the development agreement;
(f)
Agreements, bylaws, provisions and/or covenants
or additional deed restrictions to be recorded against the lot(s)
within the PDO District that will perpetually govern the organizational
structure, use, maintenance and continued preservation and protection
of the project and any of its common services, common open areas and/or
other facilities; and
(g)
Exhibits, drawings or other attachments that
depict improvements, including but not limited to structures, fixtures
and landscaping and their relative locations in the development area
as well as design and engineering details as may be necessary to document
to a reasonable degree of specificity the type, character and nature
of the improvements to be made within the development area.
(3)
Execution of the development agreement shall constitute
evidence of consent and subordination of the entire project area to
the terms of the development agreement. The development agreement
and all agreements, bylaws, provisions covenants and/or additional
deed restrictions required here under shall be recorded, shall run
with all of the land included within the approved PDO District and
shall fully bind all parties to such agreement and those subsequently
taking interest in the property or properties.
(4)
No approval of a PDO District shall take effect and
no rights shall vest in regard to any PDO District petition approved
by the Elm Grove Village Board until the development agreement and
all of its exhibits have been duly recorded with the Waukesha County
Register of Deeds.
K.
Changes and additions. Any subsequent change or addition to the plans or uses of a PDO District or project located therein shall first be submitted for review to the Village of Elm Grove Plan Commission and then to the Village Board utilizing the procedural requirements, including the payment of fees, contained in § 335-30G.
L.
Subsequent land division.
(1)
Except as otherwise provided in the development agreement,
the division of any land or lands within a PDO District for the purpose
of change or conveyance of ownership shall not be favored and shall
not be permitted unless there is a demonstration of substantial and
significant benefit to the public interest arising out of the specific
land division.
(2)
Any land division request shall be accompanied by
a detailed proposed certified survey map of the lands to be divided.
(3)
In addition to complying with any other applicable
procedural requirements, any proposal for division of any land within
a PDO District shall detail how the various dimensional, density,
parking, green space, impervious surface, public infrastructure improvements
approved pursuant to the development agreement and other requirements
established by the initial granting of the PDO District will be affected
or altered. Such proposal shall further demonstrate that all necessary
components and obligations associated with the project, including,
but not limited to, physical and legal undertakings, will be otherwise
be provided so that the proposed division will not negatively impact
the organizational structure, use, maintenance and continued preservation
and protection of the project and any of its common services, common
open areas and/or other facilities.
(4)
The approval of any division of lands within a PDO
District is discretionary.
