Article III Zoning Districts

[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:

Rs-1	Single-Family Residential District
Rs-2	Single-Family Residential District
Rs-3	Single-Family Residential District
Rs-4	Single-Family Residential District
Rm-1	Multiple-Family Residential District
Rm-2	Multiple-Family Residential District
B-1	Local Business District
B-2	Office Business District
B-3	Mid-Rise Office and Professional Business District
M-1	Limited Manufacturing District
I-1	Institutional District
G-1	Governmental District
W-1	Wetland District
FWO	Floodway Overlay District
FFO	Floodland Fringe Overlay District
PDO	Planned Development Overlay District

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.

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.

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.

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.

§ 335-16 Zoning Map.

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.

§ 335-17 Rs-1 Single-Family Residential District.

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.

Permitted principal uses.

(1)

Single-family dwellings with attached garages.

(2)

Essential services.

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]

Conditional uses.

[Amended 9-10-2001]

Utility substations.

Detached garages.

Home occupations.

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]

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.

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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 50 feet from each abutting street right-of-way.

(2)

There shall be a side yard setback on each side of any principal or accessory structure not less than 20 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

Maximum building footprint area: 20% of lot area.

Maximum impervious surface: 30% of lot area.

§ 335-18 Rs-2 Single-Family Residential District.

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.

Permitted principal uses.

(1)

Single-family dwellings with attached garages.

(2)

Essential services.

Permitted accessory uses.

(1)

[Amended 12-15-2014]

Conditional uses.

[Amended 9-10-2001]

Utility substations.

Detached garages.

Home occupations.

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]

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.

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)

(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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 50 feet from each abutting street right-of-way.

(2)

There shall be a side yard setback on each side of any principal or accessory structure not less than 20 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

Maximum building footprint area: 20% of lot area.

Maximum impervious surface: 30% of lot area.

§ 335-19 Rs-3 Single-Family Residential District.

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.

Permitted principal uses.

(1)

Single-family dwellings with attached garages.

(2)

Essential services.

Permitted accessory uses.

(1)

[Amended 12-15-2014]

Conditional uses.

[Amended 9-10-2001]

Utility substations.

Detached garages.

Home occupations.

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]

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.

Building height and area.

(1)

Height.

[Amended 9-10-2001]

(a)

(b)

(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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 50 feet from each abutting street right-of-way.

(2)

There shall be a side yard setback on each side of any principal or accessory structure not less than 20 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

Maximum building footprint area: 20% of lot area.

Maximum impervious surface: 30% of lot area.

§ 335-20 Rs-4 Single-Family Residential District.

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.

Permitted principal uses.

(1)

Single-family dwellings with attached garages.

(2)

Essential services.

Permitted accessory uses.

(1)

[Amended 12-15-2014]

Conditional uses.

[Amended 9-10-2001]

Utility substations.

Detached garages.

Home occupations.

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]

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.

Building height and area.

(1)

Height.

[Amended 9-10-2001]

(a)

(b)

(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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 50 feet from each abutting street right-of-way.

(2)

There shall be a side yard setback on each side of any principal or accessory structure not less than 20 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

Maximum building footprint area: 25% of lot area.

Maximum impervious surface: 40% of lot area.

§ 335-21 Rm-1 Multiple-Family Residential District.

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.

Permitted principal uses.

(1)

Two-family dwellings.

(2)

Multiple-family dwellings with densities not to exceed 8 dwelling units per net acre.

(3)

Essential services.

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.

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]

Lot area and width.

(1)

Lots shall have the minimum of the larger of 20,000 square feet in area or 7,500 square feet per unit.

(2)

Lots shall not be less than 120 feet in width at the front building line.

Building height and area.

(1)

Height.

[Amended 9-10-2001]

(a)

(b)

(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.

Yards.

(1)

There shall be a minimum building setback of 50 feet from the abutting street right-of-way.

(2)

There shall be a side yard setback on each side of any principal structure not less than 20 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

Maximum building footprint area: 30% of lot area.

Maximum impervious surface: 65% of lot area.

§ 335-21.1 Rm-2 Multiple-Family Residential District.

[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.

Permitted principal uses.

(1)

Multiple-family independent senior living dwellings with densities not to exceed 16 dwelling units per net acre.

(2)

Essential services.

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.

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.

Lot area and width.

(1)

Lots shall not be less than one acre (43,560 square feet) in area.

(2)

Lots shall not be less than 120 feet in width at the front building line.

Building height and area.

(1)

Height.

(a)

(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.

Yards.

(1)

There shall be a minimum building setback of 25 feet from each abutting street right-of-way.

(2)

There shall be a minimum side yard building setback of 20 feet.

(3)

There shall be a rear yard building setback of not less than 25 feet.

The maximum building footprint area shall be 30% of the lot area.

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.

§ 335-22 B-1 Local Business District.

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.

Permitted uses.

(1)

Antique and collectors stores.

Appliance stores.

Art shops.

Bakeries.

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.

Confectioneries.

Delicatessens.

Dental clinics.

Department stores.

Drugstores.

Electronic stores.

Fish markets.

Florist shop.

Fruit stores.

Furriers and fur apparel.

Furniture stores.

Gift stores.

Grocery stores.

Hardware stores.

Hobby and craft shops.

(30)

Insurance sales offices and real estate offices.

Interior decorator.

Janitorial supplies.

Jewelry stores.

Laundries and dry-cleaning establishments.

Lodges and clubs.

Meat markets.

Medical clinics.

Music stores.

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.

Taverns.

Theaters.

Tobacco shops.

Variety stores.

Vegetable stores.

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]

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]

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.

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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 20 feet from each abutting street right-of-way.

(2)

There shall be no required side yard; however, when a side yard is provided, there shall be a minimum of 10 feet from the lot line.

(3)

There shall be a rear yard setback of not less than 25 feet.

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.

[2]

Editor's Note: This ordinance also provided for the redesignation of former Subsections G, H and I as Subsections H, I and J, respectively.

Maximum impervious surface: 80% of lot area.

Maximum building footprint area: 60% of lot area.

Plan of operation required. (Refer to § 335-85.)

§ 335-23 B-2 Office Business District.

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.

Permitted uses.

Advertising agency.

Barbershops.

Beauty shops.

Bookstores (except those regulated by Chapter 87).

(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.

Permitted accessory uses.

(1)

Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking areas.

(3)

Restaurants and delicatessens accessory to a permitted use intended to serve office employees.

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)

(5)

Antique and collectors stores.

Appliance stores.

Art shops.

Bakeries.

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.

Confectioneries.

Delicatessens.

Dental clinics.

Department stores.

Drugstores.

Electronic stores.

Fish markets.

Florist shops.

Fruit stores.

Furriers and fur apparel.

(24)

Furniture stores.

(25)

Gift stores.

(26)

Hobby and craft shops.

Jewelry stores.

Meat markets.

Medical clinics.

Music stores.

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.

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.

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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 20 feet from each abutting street right-of-way.

(2)

There shall be no required side yard; however, when a side yard is provided, there shall be a minimum of 10 feet from the lot line.

(3)

There shall be a rear yard setback of not less than 25 feet.

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)

(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)

(e)

Maximum impervious surface: 80% of lot area.

Maximum building footprint area: 60% of lot area.

Plan of operation required. (Refer to § 335-85.)

§ 335-24 B-3 Mid-Rise Office and Professional District.

The B-3 Business District is intended to provide for office, professional and special service uses in a more intense, urban setting.

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.

Hotels and motels.

Interior decorator.

Medical clinics.

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.

Permitted accessory uses.

(1)

Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking areas.

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]]

[1]

Editor's Note: This ordinance also provided for the renumbering of Subsection C(4) through (6) as Subsection C(5) through (7), respectively.

(5)

Automotive parking on a short-term basis related to businesses on adjacent properties.

(6)

Wireless communication antennas.

(7)

[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]

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.

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.

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.

Maximum impervious surface: 80% of lot area.

Maximum building footprint area: 60% of lot area.

Plan of operation required. (Refer to § 335-85.)

§ 335-25 M-1 Limited Manufacturing District.

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.

Permitted uses.

[Added 5-26-2009[1]]

(1)

Indoor storage and warehouse facilities.

[1]

Editor's Note: This ordinance also redesignated former Subsections A through G as Subsections B through H, respectively.

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]

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.

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.

Yards (principal and/or accessory structures).

(1)

There shall be a minimum building setback of 50 feet from each abutting street right-of-way.

(2)

There shall be a side yard setback on each side of the principal structure not less than 30 feet in width.

(3)

There shall be a rear yard setback of not less than 30 feet.

Maximum impervious surface: 80% of lot area.

Maximum building footprint area: 60% of lot area.

Plan of operation required. (Refer to § 335-85.)

§ 335-26 I-1 Institutional District.

[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.

Permitted uses.

Churches.

Fraternal lodges.

Historic sites.

Hospitals, sanitariums, sanatoriums and nursing homes.

(5)

Libraries and museums.

(6)

Private recreation clubs.

(7)

Public or private schools, colleges, and universities.

(8)

Social, veteran, and service clubs.

Permitted accessory uses.

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Off-street parking and loading areas.

(4)

Service buildings and facilities normally accessory to the permitted uses.

Conditional uses.

[Amended 9-10-2001]

(1)

Crematoriums.

[Added 3-27-2012[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of Subsection C(1) through (7) as Subsection C(3) through (9), respectively.

(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]

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.

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.

Yards (principal and/or accessory buildings).

(1)

There shall be a minimum building setback of 50 feet from the abutting street right-of-way.

(2)

There shall be a side yard setback on each side of the principal structure not less than 30 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

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(8) and/or § 335-26C(9) the following building height and area rules shall apply:

[Added 11-22-2011]

(1)

The principle structure may not exceed three stories in height.

(2)

Maximum impervious surface: 80% of lot area.

(3)

Maximum building footprint area: 80% of lot area.

(4)

Lots shall be a minimum of 40,000 square feet in area with a minimum lot width of 100 feet at the front building line.

§ 335-26.1 G-1 Governmental District.

[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.

Permitted uses.

(1)

Historic sites.

(2)

Libraries and museums.

(3)

Public administrative offices and public service buildings, including fire and police stations.

(4)

Public parks.

Permitted accessory uses.

(1)

Residential quarters for caretakers.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Off-street parking and loading areas.

(4)

Service buildings and facilities normally accessory to the permitted uses.

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]

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.

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.

Yards (principal and/or accessory buildings).

(1)

There shall be a minimum building setback of 50 feet from the abutting street right-of-way.

(2)

There shall be a side yard setback on each side of the principal structure not less than 30 feet in width.

(3)

There shall be a rear yard setback of not less than 25 feet.

§ 335-27 W-1 Wetland Overlay District.

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.

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.

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.

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.

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.

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."

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.

§ 335-28 FWO Floodway Overlay District.

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.

(3)

Where there are conflicts between this section and the Floodplain Ordinance,[1] the Floodplain Ordinance shall take precedence.

[1]

Editor's Note: See Ch. 330, Floodplain Zoning.

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.

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.

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.

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.

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.

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.

§ 335-29 FFO Floodplain Fringe Overlay District.

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.

(3)

Where there are conflicts between this section and the Floodplain Ordinance,[1] the Floodplain Ordinance shall take precedence.

[1]

Editor's Note: See Ch. 330, Floodplain Zoning.

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.

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.

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.

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.

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.

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.

§ 335-30 Planned Development Overlay District.

[Amended 5-25-2004]

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.

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.

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.

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

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.

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).

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.

(4)

Public hearing.

(a)

The Village Board shall hold a public hearing pursuant to § 335-79 of this chapter.

(b)

Notice for such hearing shall include reference to the development plans filed in conjunction with the requested PDO District.

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:

[1]

An intent and ability to begin the physical development of the PDO District within 18 months following the approval of the petition; and

[2]

That the necessary financial resources to carry out the project in strict conformity with the development agreement have been obtained and committed.

(b)

Whether the proposed Planned Development Overlay District is consistent in all respects with:

[1]

The purpose of this section and the spirit and intent of this chapter; and

[2]

The adopted Master Plan or any adopted component thereof.

(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.

(l)

The proposed project has, where applicable, been examined with respect to its compatibility with the nonmandatory Downtown Overlay District Site Design Guidelines set forth in § 335-12G.

(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.

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.

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.

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.

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.