Single-family dwellings with attached garages.

Essential services.

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.

Utility substations.

Detached garages.

Home occupations.

Professional home offices.

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.

Height.

A one-story dwelling shall have a minimum living area of 1,600 square feet.

A split-level home shall have a minimum living area of 1,600 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 2,100 square feet on the two floors.

The required attached garage shall have a minimum floor area of 440 square feet.

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

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

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

Single-family dwellings with attached garages.

Essential services.

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.

Utility substations.

Detached garages.

Home occupations.

Professional home offices.

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.

Height.

A one-story dwelling shall have a minimum living area of 1,600 square feet.

A split-level home shall have a minimum living area of 1,600 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 2,100 square feet on the two floors.

The required attached garage shall have a minimum floor area of 440 square feet.

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

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

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

Single-family dwellings with attached garages.

Essential services.

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.

Utility substations.

Detached garages.

Home occupations.

Professional home offices.

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.

Height.

A one-story dwelling shall have a minimum living area of 1,400 square feet.

A split-level home shall have a minimum living area of 1,400 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 1,900 square feet on the two floors.

The required attached garage shall have a minimum floor area of 440 square feet.

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

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

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

Single-family dwellings with attached garages.

Essential services.

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.

Utility substations.

Detached garages.

Home occupations.

Professional home offices.

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.

Height.

A one-story dwelling shall have a minimum living area of 1,100 square feet.

A split-level home shall have a minimum living area of 1,100 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 1,500 square feet on the two floors.

The required attached garage shall have a minimum floor area of 240 square feet.

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

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

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

Two-family dwellings.

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

Essential services.

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.

Utility substations.

Multiple-family dwellings at densities over 8 dwelling units per net acre.

Home occupations.

Professional home offices.

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.

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

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

Height.

No two-family structure shall be less than 2,200 square feet in area, excluding attached garage area.

No multiple-family structure shall be less than 3,500 square feet in area, excluding garage area.

No two-family or multifamily dwelling unit shall contain less than 1,000 square feet in living area per unit.

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

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

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

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

Essential services.

Utility substations.

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).

Home occupations.

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.

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

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

Height.

No multiple-family structure shall be less than 3,500 square feet in area, excluding the garage area.

No dwelling unit shall contain less than 700 square feet in living area.

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

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

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

Antique and collectors stores.

Appliance stores.

Art shops.

Bakeries.

Banks, credit unions, savings and loan associations and other financial institutions.

Barbershops and beauty parlors.

Book or stationery store.

Broadcast studios without transmission or receiving towers.

Brokerages (stock, mortgage and other financial services).

Business offices.

Camera and photographic supply stores.

Clothing store, tailor or dressmaker.

Cocktail lounges.

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.

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.

Office supplies and business machine stores.

Optical stores.

Packaged beverage stores.

Paint, glass and wallpaper stores.

Parking lots and parking structures serving groups of businesses in the district.

Photographer.

Plumbing and heating supplies.

Professional offices.

Publishing houses.

Real estate offices.

Restaurants, except drive-in restaurants or restaurants with drive-through windows with take-away service.

Self-service laundry and dry-cleaning establishments.

Shoe stores and leather goods stores, sales and repairs.

Soda fountains.

Sporting goods stores.

Taverns.

Theaters.

Tobacco shops.

Variety stores.

Vegetable stores.

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.

Off-street parking and loading areas.

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.

Automotive and marine sales and service.

Building maintenance and supply stores.

Drive-in banks.

Equipment rental stores.

Fuel oil, bottled gas, salt and ice dealers.

Funeral homes.

Garden supply stores.

Gasoline service stations and car wash establishments, provided that all pumps and service islands meet the setback and yard requirements.

Grain processing and storage.

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.

Power equipment centers, sales, service and storage.

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.

Utilities.

Video arcades.

Video tape sales and rental.

Wireless communication antennas.

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).

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

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

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.

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

Subject to the provisions of § 335-22G(2), the Plan Commission may approve deviations from any of the yard requirements specified in § 335-22F.

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:

Advertising agency.

Barbershops.

Beauty shops.

Bookstores (except those regulated by Chapter 87).

Brokerages (stock, mortgage, and other financial services).

Clothing resale shops.

Corporate business offices.

Day-care centers.

Interior decorator.

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.

Real estate and insurance offices.

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

Travel agents.

Other unspecified uses which are found to be similar in character to those principal uses permitted by the Plan Commission.

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

Off-street parking areas.

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

Radio and television broadcast studios.

Utilities.

Wireless communication antennas.

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).

Antique and collectors stores.

Appliance stores.

Art shops.

Bakeries.

Banks, credit unions, savings and loan associations and other financial institutions.

Broadcast studios without transmission or receiving towers.

Business offices.

Camera and photographic supply stores.

Clothing store, tailor or dressmaker.

Confectioneries.

Delicatessens.

Dental clinics.

Department stores.

Drugstores.

Electronic stores.

Fish markets.

Florist shops.

Fruit stores.

Furriers and fur apparel.

Furniture stores.

Gift stores.

Hobby and craft shops.

Jewelry stores.

Meat markets.

Medical clinics.

Music stores.

Newspaper and magazine stores.

Office supplies and business machine stores.

Optical stores.

Paint, glass and wallpaper stores.

Professional offices.

Shoe stores and leather goods stores, sales and repairs.

Sporting goods stores.

Variety stores.

Vegetable stores.

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

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

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.

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

Subject to the provisions of § 335-23G(2), the Plan Commission may approve deviations from any of the yard requirements specified in § 335-23F.

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:

Administrative and public service offices.

Banks or financial institutions.

Barbershops and beauty shops.

Brokerages (stock, mortgage and other financial services).

Corporate business offices.

Fitness centers.

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.

Real estate and insurance offices.

Retail stores.

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

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

Off-street parking areas.

Convention centers.

Radio and television broadcast studios.

Restaurants and delicatessens.

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.

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

Wireless communication antennas.

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).

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

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.

No principal structure or parts of a principal structure shall exceed 65 feet in height. Accessory structures shall not exceed 10 feet in height.

There shall be a minimum setback of 50 feet from each abutting street right-of-way for structures not exceeding 35 feet in height.

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.

There shall be a rear yard setback of not less than 25 feet for structures not exceeding 35 feet in height.

The setback requirements in all yards shall be increased one foot for each two feet the structure exceeds 35 feet in height.

Indoor storage and warehouse facilities.

Dairies and bottling plants.

Dry cleaners and dyeing establishments.

Laundries.

Printing and publishing.

Wholesaling and distributors.

Any similar use, subject to the approval of the Plan Commission.

Adult-oriented establishments.

Garages for storage of vehicles used in conjunction with the operation of an industry.

Off-street parking and loading areas.

Office, storage, power supply and other uses normally auxiliary to the principal industrial operations.

Restaurants and delicatessens to serve industrial workers.

Experimental, testing and research laboratories.

Factory outlets.

Millwork.

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.

Utilities.

Wireless communication antennas.

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

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

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

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

Churches.

Fraternal lodges.

Historic sites.

Hospitals, sanitariums, sanatoriums and nursing homes.

Libraries and museums.

Private recreation clubs.

Public or private schools, colleges, and universities.

Social, veteran, and service clubs.

Residential quarters for caretakers or clergy.

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

Off-street parking and loading areas.

Service buildings and facilities normally accessory to the permitted uses.

Crematoriums.

Cemeteries.

Medical clinics.

Utilities.

Water towers and storage tanks.

Transmitting towers, receiving towers, relay and microwave towers with or without broadcast facilities or studios.

Wireless communication antennas.

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.

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).

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

No principal structure or part of a principal structure shall exceed 35 feet in height. No accessory structure shall exceed 10 feet in height.

A one-story dwelling shall have a minimum living area of 1,600 square feet.

A split-level home shall have a minimum living area of 1,600 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 2,100 square feet on the two floors.

The required attached garage shall have a minimum floor area of 440 square feet.

The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30% of the lot area.

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

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

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

The principle structure may not exceed three stories in height.

Maximum impervious surface: 80% of lot area.

Maximum building footprint area: 80% of lot area.

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.

Historic sites.

Libraries and museums.

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

Public parks.

Residential quarters for caretakers.

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

Off-street parking and loading areas.

Service buildings and facilities normally accessory to the permitted uses.

Utilities.

Water towers and storage tanks.

Communication structures.

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.

Other unspecified uses which are found to be similar in character to those principal uses conditionally permitted by the Plan Commission.

No principal structure or part of a principal structure shall exceed 35 feet in height. No accessory structure shall exceed 10 feet in height.

A one-story dwelling shall have a minimum living area of 1,600 square feet.

A split-level home shall have a minimum living area of 1,600 square feet on the upper two levels.

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.

A two-story home shall have a minimum combined living area of 2,100 square feet on the two floors.

The required attached garage shall have a minimum floor area of 440 square feet.

The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30% of the lot area.

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

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

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

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.

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.

Hiking, fishing, swimming and boating, unless prohibited by other ordinances and laws.

The harvesting of wild crops in a manner that is not injurious to the natural reproduction of such crops.

The practice of silviculture, including the planting, thinning and harvesting of timber.

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.

The construction and maintenance of piers, docks and walkways, including those built on pilings.

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

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:

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:

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:

The construction and maintenance of railroad lines, provided that:

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.

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.

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:

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.

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:

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.

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.

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

Drainage.

Movement of floodwater.

Navigation.

Stream bank protection.

Water measurement and control facilities.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

The granting of a zoning amendment establishing a PDO District shall be discretionary.

Uses allowed in a PDO District are those uses expressly provided for as permitted, conditional and/or accessory uses in the underlying zoning district.

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.

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.

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.

The density of residential units allowed in the PDO District is subject to the provisions of § 335-30F(1).

PDO Districts authorized under this section shall not contain less than the following applicable minimum acreage for a single or combination of parcels:

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.

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.

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.

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.

Determination of residential density. Only one of three possible levels of residential density shall be allowed in a specific PDO District:

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.

Enhanced density.

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:

Conceptual review.

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:

Referral to Plan Commission.

Public hearing.

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:

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:

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:

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:

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.

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.

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.

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:

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.

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.

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.

Any land division request shall be accompanied by a detailed proposed certified survey map of the lands to be divided.

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.

The approval of any division of lands within a PDO District is discretionary.