Elm Grove City Zoning Code
ARTICLE IV
Loading, Parking and Access
§ 335-31 Loading requirements.
On every lot on which a business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way.
A.
Number of loading and unloading spaces required.
Gross Floor Area of Building (square feet) | Number of Spaces | |
|---|---|---|
5,000 - 24,999 | 1 | |
25,000 - 49,999 | 2 | |
50,000 - 99,000 | 3 | |
100,000 - 174,999 | 4 | |
175,000 - 249,999 | 5 | |
Each additional 75,000 (or fraction thereof) | 1 additional |
B.
Each loading and unloading space shall have access to a public dedicated street or alley.
C.
The minimum area for each loading and unloading space, excluding the area needed to maneuver, shall be 250 square feet.
D.
At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.
§ 335-32 Parking requirements.
[Amended 10-28-2003; 10-24-2006]
In all districts and in connection with every use there shall be provided, at the time any use is increased or building is erected, off-street parking spaces for all vehicles in accordance with the following:
A.
Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 12 feet wide for one- and two-family dwellings and a minimum of 20 feet at the property line for all other uses. Entrances and exits from a parking lot serving five or more vehicles shall not be closer than 25 feet to a single-family residential district lot line.
B.
Location of off-street parking shall conform to the following standards:
(1)
Off-street parking shall not be permitted in a required street yard or side yard, unless otherwise provided in this chapter.
(2)
Off-street parking for uses other than residential shall be located on the same lot or a lot contiguous to the building it is intended to serve, or at an off-site location approved by the Village Plan Commission as allowed by § 335-32K. Rental, lease or ownership of all lots or parcels intended for use by the applicant shall be shown.
(3)
Notwithstanding restrictions contained in § 335-13, the Plan Commission may grant an exception to the general requirement that off-street parking shall not be permitted in street yards and/or side yards if the Plan Commission determines that the conditions on the property are such that parking in the street yards and/or side yards is reasonably necessary to provide adequate parking and is adequately landscaped to avoid adverse impact on adjoining parcels or to the district where the parcel is located.
C.
Parking spaces for use by physically handicapped persons. All off-street parking areas open to the public providing more than 25 parking spaces, except for parking areas restricted to use by employees only, shall provide and reserve parking spaces for use by motor vehicles which transport physically disabled persons in accordance with the requirements of § 346.503, Wis. Stats.
D.
Minimum dimensions; exceptions.
(1)
The minimum dimensions of each parking space shall be in accordance with the design standards set forth in the latest available edition of "Transportation and Land Developing" (Stover/Koepke, Institute of Transportation Engineers), except for parking spaces provided for use by physically disabled persons. Parking spaces provided for use by physically disabled persons shall be at least 12 feet wide in accordance with the requirements of § 346.503, Wis. Stats.
(2)
The applicant may request an exception to the above minimum dimension requirements by submitting a traffic study that would be conducted by a licensed professional traffic operations engineer.
E.
Maneuvering lanes. Maneuvering lanes shall be limited to one-way traffic movement, except that the ninety-degree parking pattern may permit two-way maneuvering lanes.
F.
Surfacing. All off-street parking areas shall be surfaced with asphalt, concrete or permeable brick pavers and shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent properties or toward structures. Surfacing shall be in accordance with engineering standards and specifications approved by the Village Manager, and surfacing shall be completed within one year after the date of the permit. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.
G.
Landscaping. All public off-street parking areas which abut single-family residential development shall be provided with a continuous screening from headlights. Curbed end islands of a minimum of 100 square feet shall be provided when two or more drive aisles exist in a parking lot or where traffic control is needed to delineate the path for pedestrians or motor vehicles. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provisions for maintenance, shall be subject to approval by the Plan Commission. All plans for such proposed parking areas shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
H.
Lighting. All lighting used to illuminate any off-street parking shall be so installed as to be confined within and directed onto the parking area only. Furthermore, all lighting shall be consistent with the requirements enumerated in § 335-65, Outdoor lighting.
I.
Curbs and barriers. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
J.
Minimum number of parking spaces required.
[Amended 11-22-2011; 3-27-2012; 2-25-2019]
Use | Minimum Parking Required (number of spaces) | ||
|---|---|---|---|
Automobile repair garages and service stations area (exclusive of bays and pumping stations) | 1 for each 500 square feet of floor area | ||
Athletic fields | 12 for each soccer field, baseball or softball diamond or football field designated for organized events | ||
Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly | 1 for each 250 square feet of floor area | ||
Community-based residential facilities | 1 per 6 dwelling units, plus 1 for each employee on the largest work shift | ||
Day-care centers | 1 for each employee, plus 1 for each 10 students | ||
Dwellings: | |||
1- and 2-family | 2 per dwelling unit | ||
Multiple-family | 2 per dwelling unit | ||
Independent senior living (as defined in Rm-2 Multiple-Family Residential) | 1.1 per dwelling unit | ||
Fitness clubs, recreation centers, bowling alleys, gymnasiums | 1 for each 250 square feet of floor area | ||
Financial institutions, service businesses and government offices | 1 for each 250 square feet of floor area | ||
Funeral homes | 1 for each 250 square feet of floor area | ||
Hospitals, treatment centers, nursing homes and other long-term-health care centers | 2 per licensed bed | ||
Lodges and private clubs | 1 for each 250 square feet of floor area | ||
Manufacturing and processing plants, laboratories, and warehouses | 1 for each 500 square feet of floor area | ||
Medical and dental clinics | 1 for each 250 square feet of floor area | ||
Motels, hotels, tourist rooms and bed-and-breakfasts | 1.5 per guest room | ||
Offices | 1 for each 250 square feet of floor area | ||
Retail stores | 1 for each 200 square feet of floor area | ||
Residential care apartment complex | 1 per 2 dwelling units, plus 1 for each employee on the largest work shift; for facilities required to have 20 or more spaces, 50% of the spaces corresponding to the number of total dwelling units equipped with full kitchens, including an owner-installed, permanent, gas or electric range stove or cooktop, shall be enclosed | ||
Restaurants, bars and places of entertainment | 1 for each 150 square feet of floor area | ||
Schools, public and private | 1 for each secondary and elementary employee, plus 1 for each 10 students | ||
Warehouses without employees | 1 for each 1,000 square feet of floor area | ||
K.
Joint or shared parking.
(1)
Purpose. Joint or shared parking is allowed if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities. The applicant shall have the burden of proof for a requested substitution of the required total number of on-site parking spaces with shared parking spaces and shall document and submit information substantiating the request. Joint or shared parking may be approved by the Plan Commission, provided:
(a)
A sufficient number of spaces are provided to meet the average demand of the participating uses;
(b)
An executed license or lease agreement between the respective property owners has been submitted that demonstrates the coordinated use of the parking demand;
(c)
The executed license or lease agreement addresses the issue of parking requirements (as enumerated in this chapter) in the event that the property is sold or the nature of a business and/or use changes or expands.
(d)
The shared parking spaces shall be provided for parking use and shall be located within a reasonable distance from the use(s) they are intended to serve as determined by the Plan Commission.
L.
Adjustments to required parking.
(1)
Purpose. The purpose of this section is to allow adjustments to the minimum number of parking spaces required in all zoning districts (as identified in Subsection J) to avoid unnecessary and excessive parking facilities. To achieve these purposes, the Plan Commission may reduce the minimum number of required off-street parking spaces in specific cases as described in this section.
(2)
Adjustments. The minimum number of required parking spaces may be adjusted by the Plan Commission on a case-by-case basis. The petitioner for such an adjustment shall show to the satisfaction of the Plan Commission that adequate parking and access will be provided for customers, deliveries, clients, visitors, and employees. The following provisions and factors shall be used as a basis to adjust parking requirements:
(a)
The petitioner may provide evidence that actual parking demands will be less than the chapter requirements by submitting written documentation and data to the satisfaction of the Plan Commission that the operation will require less parking than this chapter requires.
(3)
Changes in occupancy or use. When the use of part of a building, structure, or land is changed to another use or building owner that requires more parking spaces than required for the use existing immediately prior to such change, additional parking spaces shall be provided for the new use or occupant in the amount necessary to conform to this section unless an adjustment is approved by the Plan Commission in conformance with the requirements of this section or a joint/shared parking plan has been approved by the Plan Commission in accordance with the requirements of § 335-32 K.
§ 335-33 Outside storage and parking of recreational vehicles and trailers.
[Amended 1-22-2008]
It shall be unlawful for any person to park or store any recreational vehicle or trailer on any property in the Village of Elm Grove except as provided herein:
A.
In residential districts or on a nonconforming residential premises, recreational vehicles, mobile homes, boats, snowmobiles and trailers may be parked within a fully enclosed accessory permanent structure. In addition:
(1)
Recreational vehicles (45 feet or less in length but not including a primary housing unit) and trailers may be parked in the side yard or rear yard, provided that no such recreational vehicle or its trailer is located closer than three feet to the principal structure, nor closer than six feet to any lot line. The parked recreational vehicle or trailer shall be screened from adjacent lots by a fence conforming to the requirements of § 335-88D(6)(g) of this chapter or by a continuous, dense landscaping screen.
(2)
Recreational vehicles and trailers or components thereof may not be parked in the street yard, including any portion of a driveway located within the street yard.
(3)
The Building Board shall not permit recreational vehicles or trailers on a corner lot to be parked closer to either street than the required street yard setback for the district in which it is located.
B.
Open storage in nonresidential districts. The owner or applicant shall file an application to store recreational vehicles (not including mobile homes) in the open in nonresidential districts. The Building Board shall review the applicant's site and operational plans which shall show the location of all existing structures and the location of the proposed outside storage. In reviewing the plans, the Building Board shall give due consideration to the location of existing structures; the location of the proposed open storage; the provision of adequate light and air circulation; the appropriate use of landscaping and screening; and appropriate provisions for fire protection and other safety considerations.
C.
(1)
No parked or stored recreational vehicle shall be occupied or used for human habitation, including but not limited to, sleeping, eating, resting or conducting business, except as provided in Subsection D below.
(2)
No parked or stored recreational vehicle which does not carry, where required, a valid current year's license and/or registration or which is in a state of visible disrepair or partial construction shall be parked or stored in any district unless it is stored within a completely enclosed structure which conforms to all the regulations of this Zoning Ordinance of Elm Grove.
D.
Ownership. A parked or stored recreational vehicle permitted by this section must be owned by the owner of the premises upon which it is located or by the tenant if said dwelling is a rentable property, it being the intention of this restriction to provide said permission only for residents of the Village of Elm Grove and not to permit residents to accommodate friends or family members residing outside the community except for visitation not to exceed 14 days per calendar year. Any permit issued under the terms of this section is issued to the resident or tenant and does not run in perpetuity with the land, but shall lapse if the ownership of the property shall be transferred, leased or subleased to a different tenant.
§ 335-34 Driveways.
[Amended 8-22-2006]
All driveways installed after the effective date of this chapter shall meet the following requirements:
A.
Driveway openings serving a single parcel shall be located at least three feet from all lot lines, except for driveways of parking lots serving five or more vehicles which shall be located at least 25 feet from abutting residential lots pursuant to § 335-32A.
B.
Vehicular ingress and egress.
(1)
Openings for vehicular ingress and egress shall not exceed 35 feet in width at the street right-of-way for commercial properties and 24 feet at the street right-of-way for residential properties. The width at the edge of the roadway shall be determined by the Department of Public Works.
(2)
Deviations. Upon application by a property owner or his/her authorized agent, the Plan Commission may approve deviations from the requirements of this section for vehicular ingress and egress openings constructed or reconstructed within the boundaries of the Downtown Design Overlay District as established by § 335-12G(3). Such deviations may be granted pursuant to the following procedure:
(a)
The Director of Public Works shall evaluate the proposed driveway opening deviation and provide a recommendation to the Plan Commission regarding the proposed deviation.
(b)
In evaluating a proposed deviation from this section, the Plan Commission shall consider whether the proposed deviation:
(c)
Nothing in this chapter shall preclude the Plan Commission from requesting additional information deemed relevant for the purpose of evaluating a proposed deviation from the requirements of this section.
C.
Driveway culverts shall be installed or replaced when, in the opinion of the Director of Public Works, installation or replacement is reasonably necessary to reduce or prevent erosion or promote or improve drainage. Installation or replacement of driveway culverts shall be conducted in accordance with the provisions of Chapter 325, Art. II, concerning surface drainage.
D.
Driveway aprons.
(1)
No driveway shall be installed, repaired, reinstalled or replaced unless the property owner has obtained a driveway permit prior to commencement of any work. Unless otherwise expressly permitted by the Director of Public Works, all portions of private driveways that connect to any part of the Village right-of-way shall be bituminous asphalt to minimize potential damage to public and private property during snow removal operations and to facilitate maintenance and replacement of culverts.
(2)
In streets with curb and gutters, no driveway ramps shall be allowed in the gutter which may impede the flow of surface water or create the potential of being hit by snowplows.
E.
Permit application required. No person or entity may install any driveway improvement except seal coating before completing and filing a driveway permit application, regardless of materials used.
§ 335-35 Highway access.
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private driveway access shall be permitted to the existing or proposed rights-of-way of the following:
A.
To arterial streets within 100 feet of the intersection of their right-of-way lines with another arterial street or with a local street right-of-way.
B.
To local streets within 50 feet of the intersection of their right-of-way lines with another street right-of-way.
C.
Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.
D.
Temporary access to the above rights-of-way may be granted by the Village Board after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
§ 335-36 Parking of vehicles, buses and commercial trailers in residential areas.
A.
No bus or commercially licensed trailer or motor vehicle having a maximum gross weight in excess of 10,000 pounds shall be parked, kept or stored in any residential district, except when loading, unloading or rendering a service.
B.
Only one commercially licensed motor vehicle having a maximum gross weight of 8,000 to 10,000 pounds shall be parked, kept or stored in any lot within a residential district except when loading, unloading or rendering a service, provided that said vehicle is:
§ 335-37 Storage of junked, antique and special interest motor vehicles and accessories.
A. ANTIQUE MOTOR VEHICLE JUNKED MOTOR VEHICLE MOTOR VEHICLE ACCESSORIES REMOVAL SPECIAL INTEREST MOTOR VEHICLE
Definitions. In addition to the definitions contained in Article XII and for the purpose of this entire Zoning Chapter, the following definitions shall be applicable:
Any motor vehicle which is operable at all times, is registered pursuant to § 341.265, Wis. Stats., as an antique motor vehicle, and which displays registration plates issued by the State of Wisconsin.
Any motor vehicle, other than an antique or special interest vehicle as defined in this section, which is partially dismantled or wrecked or otherwise disabled or mechanically ruined and which cannot safely or legally be operated and which remains located at the same premises for a period of 10 days or more; or any motor vehicle without registration, registration plates or with expired registration for more than 60 days and during which period or thereafter remains located on the same premises for a period of 10 days or more.
Any part or parts of any motor vehicle.
The physical relocation of a motor vehicle to an authorized location following the provisions of the Village of Elm Grove Ordinances.
A motor vehicle which is 20 or more years old, which has been registered pursuant to § 341.266, Wis. Stats., as a special interest vehicle and which displays special interest vehicle registration plates issued by the State of Wisconsin.
B.
Storage of antique and special interest motor vehicles regulated. No person, firm or corporation owning or having custody of any antique or special interest motor vehicle as defined in this section shall store or permit such vehicle or vehicles to remain on private property in a residential district except as provided herein:
(1)
No more than two antique or special interest vehicles shall be parked in the side yard or rear yard, provided that no such vehicle is located closer than three feet to the principal structure, nor closer than three feet to any lot line. Parked antique or special interest motor vehicles shall be screened from adjacent lots by a fence conforming to the requirements of § 335-88D(6)(g) of this chapter or by a continuous, dense landscaping screen.
(2)
No antique or special interest motor vehicles shall be parked in the street yard or side yard, including any portion of a driveway located within the street yard or side yard, except to permit residents to accommodate visitation by family or friends who reside outside the community for a period not to exceed 14 days per calendar year, except that notice given under Subsection E(2) shall not be construed to extend this time limit of 14 days per calendar year.
(3)
The Building Board shall not permit antique or special interest motor vehicles on a corner lot to be parked closer to either street than the required street yard setback for the district in which the lot is located.
C.
Storage of junked motor vehicles and motor vehicles accessories prohibited.
(1)
No person, firm or corporation owning or having custody of any junked motor vehicle or any motor vehicle accessories shall store or permit any such vehicle or accessories to remain on any private property within the Village for a period of more than 10 days, and no person, firm or corporation owning any private property in the Village, as determined from the tax assessment records of the Village, shall store or permit any such vehicles or accessories to remain on his/her/its property for a period of more than 10 days. Such storage is hereby declared to be a public nuisance and shall be subject to penalties provided for under § 335-92D.
(2)
After notification has been given pursuant to Subsection E(2) of this section to remove any abandoned or junked motor vehicle or motor vehicle accessories from any private property, the same vehicle shall not be moved to any other private property upon which such storage is also prohibited or onto any public highway or other public property.
D.
Exceptions. The provisions of this section shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed structure, or on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, in a storage place or depository maintained in the lawful place and manner.
E.
Enforcement.
(1)
Investigation.
(a)
The Zoning Administrator or any member of the Elm Grove Police Department on routine patrol or upon receipt of a complaint may investigate a suspected violation of the provisions of this section and record the make, model, style and identification numbers and its location.
(b)
In the event either the Zoning Administrator or any member of the Elm Grove Police Department is refused or unable to obtain permission to enter on private property to investigate a suspected violation of this section, such individual may procure a special inspection warrant in accordance with § 66.122, Wis. Stats.[1]
[1]
Editor's Note: Section 66.122 was renumbered as § 66.0119 by 1999 Act 150, §§ 287 through 290.
(2)
Notice to remove. Whenever the Zoning Administrator or any cooperating member of the Elm Grove Police Department shall find or be notified that any junked, antique or special interest motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property, the Zoning Administrator shall send a notice by U.S. mail to the owner of record of such vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records of the Village on which the same is located, to remove such motor vehicle or motor vehicle accessories within 10 days. The Zoning Administrator shall prepare an affidavit of mailing for the notice. In addition to requiring the removal of such junked, antique or special interest motor vehicle or motor vehicle accessories within 10 days subject to Subsection B(2) the notice shall contain the following additional information:
(a)
The nature of the complaint.
(b)
The description and location of the motor vehicle and/or motor vehicle accessories.
(c)
Subject to Subsection B(2), direct that the motor vehicle or motor vehicle accessories shall be removed from the premises no later than 10 days from the date of notification.
(d)
A statement that the owner of the motor vehicle and/or motor vehicle accessories, or the owner of the private property on which the same is located, may seek reconsideration of the directive for the removal of such motor vehicle or motor vehicle accessories by stating the reasons in writing and delivering same to the Zoning Administrator before the deadline date directed by the Zoning Administrator.
(e)
A statement that removal from the location specified in the notification to another location, upon which such storage is not permitted, is prohibited and shall subject the person to additional penalties.
(f)
A statement that if removal is made within the time limits specified, notification shall be given in writing to the Zoning Administrator on or before the deadline date.
(g)
A statement of the penalties provided for noncompliance with such notice, including the potential for enhanced penalties for additional or continued violations.