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