Elm Grove City Zoning Code
ARTICLE VIII
Performance Standards
§ 335-54 Compliance required.
This chapter permits specific uses in specific districts; and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. All structures, lands, air and waters shall hereafter, in addition to their use, site and sanitary regulations, comply with the following performance standards.
§ 335-55 Property maintenance.
No person in any district shall allow or permit the exterior areas of any structure, lot or parcel to remain in a condition that is not in accordance with the following:
A.
All exterior areas or surfaces of any premises shall be kept in a clean and sanitary condition, free from any accumulation of refuse or any similar material which would or may cause fire, safety or health hazards or a serious blighting influence, except usable uncontaminated firewood stored in an orderly fashion which does not pose any safety or health hazard.
B.
Refuse on public property. It is unlawful for any person to throw or deposit refuse upon any public place within the Village of Elm Grove except in authorized public receptacles or in authorized private receptacles for collection.
C.
Refuse on private property. It is unlawful for any person to throw, deposit, keep, maintain or accumulate refuse on any private property within the Village of Elm Grove in such a manner as to create a blighting influence.
§ 335-56 Snowplowing and disposal.
It is unlawful for any person or contractor in any district, except an employee of the Public Works Department of the Village of Elm Grove, to deposit or cause to be deposited any snow or ice on or against any fire hydrant or mailbox, or upon any paved right-of-way or other public place in any manner so as to restrict access to or use or maintenance of such fire hydrant, mailbox, paved public right-of-way or other public place.
§ 335-57 Air pollution.
No person or activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities so as to substantially contribute to exceeding established state or federal air pollution standards.
§ 335-58 Fire and explosive hazards.
All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be in accordance with established state and federal regulations.
§ 335-59 Glare and heat.
No activity shall emit glare or heat that is visible or measurable outside its premises. All operations producing intense glare or heat shall be conducted within a completely enclosed structure. Exposed sources of light shall be shielded so as not to be visible outside their premises.
§ 335-60 Water quality protection.
A.
No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might run off, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness or be harmful to human, animal, plant or aquatic life.
B.
In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in the Wisconsin Administrative Code
§ 335-61 Noise.
No activity in any district shall produce a sound level outside its premises that exceeds the standards set forth in Chapter 208, Peace and Good Order, of the Code of the Village of Elm Grove.
§ 335-62 Odors.
No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises in accordance with the applicable state and federal regulations.
§ 335-63 Radioactivity and electrical disturbances.
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises in accordance with applicable state and federal regulations.
§ 335-64 Vibration.
No activity in any district shall emit vibrations which are discernible without instruments outside its premises.
§ 335-65 Outdoor lighting.
[Amended 1-28-2025]
A.
Purpose, applicability and goals.
(1)
The purpose of this section is to improve the health, safety and general welfare of areas by restricting the effect of nighttime emission of light rays which are the source of light trespass and/or unnecessary glare, and/or their effect are detrimental to the safety and/or security of persons, property or vehicular traffic, and/or their effect are detrimental to the traditional aesthetic values of the Village, and/or their effect unnecessarily restrict persons from the peaceful enjoyment of their property.
(2)
The provisions of this section shall apply to all outdoor luminaires used, installed, replaced, altered, moved or repaired after the effective date of this chapter, except as this applicability is specifically expanded or reduced herein.
(3)
The goal of this section is to have all outdoor lighting be located, sized and directed so that the light emitted from the luminaires does not constitute light trespass, as defined herein.
B.
Effect on other codes. The provisions of this section are intended to supplement other applicable codes and requirements. Compliance with all applicable provisions of building, zoning, electrical and other codes must be observed. In the event of a conflict between the requirements of this section and other requirements, the more stringent requirement shall apply.
C. FOOTCANDLE LIGHT TRESPASS LIGHT SHIELD LUMINAIRE SINGLE-FAMILY RESIDENTIALLY ZONED NEIGHBORHOOD
Definitions. As used in this section, the following terms shall have the meanings indicated.
A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
Any attachment which interrupts and blocks the path of light emitted from a luminaire or fixture.
The complete lighting system, including lamp and the fixture.
Any area in the Village of Elm Grove zoned Rs-1; Rs-2; Rs-3; or Rs-4.
D.
Requirements.
(1)
All outdoor luminaires shall be located, sized, shielded and/or directed in such a manner that their effect does not constitute light trespass as described below. [Refer to Section § 335-88D(8)(k) for further guidance on outdoor lighting.]
(a)
Light trespass within or adjacent to the boundaries of single-family residentially zoned district may not exceed an intensity greater than one-half footcandle at a point four feet above the ground at the property boundary line.
(b)
No light trespass in any other zoning district within the Village of Elm Grove may exceed one footcandle at a point four feet above the ground at the property line.
(2)
No outdoor luminaire may be operated in such manner as to constitute a hazard or danger to persons or to safe vehicular operation.
(3)
In the case of state and national flags, statues, entranceway markers, or other top-of-pole mounted objects which cannot be illuminated with downward directed lighting, upward directed lighting may be used only in the form of one or two narrow-cone spotlights which confine the illumination to the object of interest, and provided that the lighting is restricted to an angle of not less than 75° up from horizontal.
E.
Exemptions. The following are exempt from the requirements of this chapter, to the extent described as follows:
(1)
Motion detector security lights, which are normally off and which are activated on for less than four minutes occasionally when motion is detected, are exempt from the requirements of this chapter.
(2)
Outdoor luminaires used to provide illumination within public street rights-of-way are exempt from the requirements of this chapter.
F.
Temporary exemptions. Requests for temporary exemptions from the provisions of this chapter may be submitted to the Village Board in written form describing the reason for the request and the nature of the request. If approved and granted in writing by the Village Board, such exemption shall be in force for not more than 30 days. Requests for a maximum of a thirty-day renewal may be made in a similar manner. The Village Board may terminate any temporary exemption for any reasonable cause, including but not limited to, concerns about safety or light trespass.
G.
Enforcement.
(1)
Investigation.
(a)
Upon receipt of a complaint which indicates the potential creation of a safety or personal security hazard or violation of this section or § 335-88D(8)(k) the Zoning Administrator may investigate a suspected violation. The Zoning Administrator reserves the right to conduct a nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action.
(b)
Upon discovery of a violation of this chapter, the Zoning Administrator shall contact the property owner responsible for the lighting to notify of the violation and shall be required to take remedial action within a specified time frame.
H.
Violations and penalties. Any person violating any provisions of this Code shall be subject to a violation for each and every day or portion thereof during which any violation of any provision of this code is committed, continued or permitted, and, upon conviction for any such violation, such person shall be subject to a penalty as provided in § 1-16 of this Code.
§ 335-65.1 Portable Outdoor Storage Containers.
[Added 4-27-2015]
A.
A Portable Storage Container is any container, storage unit, shed-like container or other portable structure, other than an Accessory Building, yard maintenance building or shed, that complies with all the requirements of this code, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building.
B.
Use. The use of Portable Storage Containers is allowed in all zoning districts, provided that the conditions listed hereunder are met.
(1)
No more than one Portable Storage Container shall be on a property at any given time. Exemptions to exceed the number of allowable containers may be given as prescribed under Subsection D below.
(2)
A Portable Storage Container shall not be larger than 10 feet wide, 20 feet long and 10 feet high.
(3)
A Portable Storage Container shall not remain on a property in excess of 60 consecutive calendar days and shall not be placed at any one property in excess of 60 days in a twelve-month period. Extensions or exemptions to these requirements may be allowed as defined hereunder.
(4)
A Portable Storage Container shall not be placed closer than five feet to all property lines and five feet to the nearest wall of a building. The Portable Storage Container shall not, at any time, be placed in the Village right-of-way.
(5)
Preferably, the Portable Storage Container should be placed on a hard surface such as asphalt or concrete. If such a container is not able to be placed on a hard surface, then the placement on a nonhard surface may be approved by the Village.
(6)
The Portable Storage Container shall only be delivered between the hours of 7:30 a.m. and 6:00 p.m., Monday through Saturday. No Portable Storage Containers shall be delivered on Sundays or federal holidays on which the Village Hall is closed.
(7)
Portable Storage Containers are permitted for a total period of up to 180 days on a property for which a building permit has been issued and shall be exempt from the provisions of Subsection B(1) through (5) above. Nevertheless, such Portable Storage Containers must be removed from that property within seven calendar days of a final inspection pursuant to the building permit.
(8)
An extension to the time limit for placement of a Portable Storage Container may be granted, provided that such extension shall not be more than 30 days and that no more than two extensions shall be granted in any given year.
C.
Permit required. A person engaged in the leasing, maintaining or transporting of a Portable Storage Container and the owner of the property, where one is placed, shall both be responsible to complete an application for the placement of the Portable Storage Container. A permit application shall be submitted to the Village, together with a fee established by the Village Board of Trustees.
(1)
In addition to satisfying the permit requirements in this Subsection C, Portable Storage Containers used on properties zoned as business, institutional or manufacturing must also receive approval for the use of Portable Storage Containers from the Plan Commission.
(2)
A permit issued for the use of a Portable Storage Container shall be valid only for the location for which the permit was issued.
(3)
A permit shall be issued for not longer than 60 consecutive calendar days, unless an extension under Subsection B(8) or an exemption under Subsection D has been granted. The allowable storage time limit for which a permit is issued may be extended, as described in this section, provided that a permit application and fee for the extension is submitted to the Village.
D.
Temporary Exemptions. A limited Exemption from the provisions of this section may be granted by the Village Manager, or his or her designee, upon a request submitted in writing substantiating a non-self-created hardship. If approved, such Exemption may be granted for a specified period of time. Requests for an additional limited Exemption shall be made in the same manner as the original request. The Village Manager may terminate any limited Exemption for any reasonable cause.