The official name of Title 24 is the "Zoning Ordinance of the City of Wauwatosa, Wisconsin." For convenience, it is referred to throughout Title 24 as the "zoning ordinance."

The provisions of this zoning ordinance become effective on and compliance with its provisions is mandatory beginning March 21, 2013, except as otherwise expressly stated.

This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Wisconsin law, including Section 62.23(7) and Section 236.45 of the Wisconsin Statutes.

The regulations of this zoning ordinance apply to all development, public or private, within the corporate limits of the City of Wauwatosa, except as provided by state or federal law or otherwise expressly stated in this zoning ordinance.

The document titled Tosa Tomorrow 2045 Comprehensive Plan, containing the required maps and elements, is hereby adopted as the Comprehensive Plan of the City of Wauwatosa pursuant to Section 66.1001(4)(c) of the Wisconsin Statues and as the Master Plan pursuant to Section 62.23(3) of the Wisconsin Statutes. The document, as certified in its current form, shall be available for review at the Development Department, on the City’s website, and in the office of the City Clerk.

This zoning ordinance is adopted to help:

1. promote land use and development patterns that are consistent with the city's comprehensive plan and of adopted neighborhood and special area plans;
2. protect the public health, safety and general welfare;
3. ensure safety from fire, flooding, pollution, contamination and other dangers;
4. maintain and promote safe pedestrian, bicycle and vehicular circulation;
5. minimize congestion in public rights-of-way through the regulation of off-street parking, maneuvering and loading;
6. ensure the provision of adequate open space for light, air, fire safety and recreation;
7. protect environmentally sensitive areas;
8. remove obstacles and provide incentives for energy conservation, renewable energy, green infrastructure stormwater treatment practices and other sustainable development practices;
9. promote the conservation, protection, restoration and enhancement of historic and cultural resources;
10. facilitate the adequate, efficient and cost-effective provision of infrastructure and other public services and facilities;
11. preserve the natural scenic beauty and aesthetic desirability of the city;
12. encourage reinvestment in established neighborhoods while protecting their unique characteristics;
13. stabilize and protect property values; and
14. encourage innovative project design in the city, including developments that incorporate a mix of residential and nonresidential uses.

1. The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance's stated purpose and intent.
2. In addition to the requirements of this zoning ordinance, all uses and development must comply with all other applicable city, state and federal regulations.
3. All references in the zoning ordinance to other city, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the city to enforce state or federal regulations.

Except as otherwise expressly provided in this zoning ordinance:

1. A building or structure may not be erected, moved, reconstructed, extended or structurally altered for any purpose other than one that is allowed in the subject zoning district.
2. Land may not be used for any purpose other than one that is allowed in the subject zoning district.
3. Buildings, structures and land may be used and arranged only in compliance with the requirements specified in this zoning ordinance.

1. Conflict with State or Federal Regulations. If the provisions of this zoning ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
2. Conflict with Other City Regulations. If the provisions of this zoning ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
3. Conflict with Private Agreements and Covenants. This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning ordinance control.

1. Meanings and Intent. The language of the zoning ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in this zoning ordinance (see, for example, Section 24.18.020) have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance, or otherwise defined in the Wauwatosa Municipal Code, have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.
2. Computation of Time.
   1. References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.
   2. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by city government, that day is excluded.
   3. A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.
3. Tenses and Usage.
   1. Words used in the singular include the plural. The reverse is also true.
   2. Words used in the present tense include the future tense. The reverse is also true.
   3. The words "must," "will," "shall" and "may not" are mandatory.
   4. The word "may" is permissive, and "should" is advisory, not mandatory or required.
   5. When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."
   6. The word "person" includes a firm, association, organization, partnership, trust company or corporation, as well as an individual.
   7. The words "used" and "occupied" include "intended, designed or arranged to be used or occupied."
   8. The word "lot" includes "plat" or "parcel."
4. Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
   1. "and" indicates that all connected items or provisions apply; and
   2. "or" indicates that the connected items or provisions may apply singularly or in combination.
5. Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure, or illustration, the text controls.
6. Current Versions and Citations. All references to other city, state, or federal regulations in the zoning ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect.
7. Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
8. Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such a delegation.
9. Public Officials and Agencies. All employees, public officials, bodies and agencies to which references are made are those of the City of Wauwatosa unless otherwise expressly stated.

1. Establishment. The location and boundaries of the zoning districts established by this zoning ordinance are shown on a geographic coverage layer entitled "Zoning" that is maintained as part of the city's geographic information system (GIS) under the direction of the zoning administrator. This "Zoning" geographic coverage layer constitutes Wauwatosa's official zoning map. The official zoning map—together with all notations, references, data and other information shown on the map—is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as if actually depicted within its pages.
2. Maintenance and Updates. The zoning administrator is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The zoning administrator may authorize printed copies of the official zoning map to be produced and maintain digital or printed copies of superseded versions of the official zoning map for historical reference.
3. District Boundaries. When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists.
4. Map Interpretations. Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the zoning administrator using the following rules of interpretation:
   1. A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.
   2. A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.
   3. A boundary shown on the zoning map as approximately following lot lines or other parcel boundaries assigned by the city assessor will be construed as following such lot lines or parcel boundaries.
   4. A boundary shown on the zoning map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.
   5. A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.
   6. A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.
   7. Zoning boundaries that do not coincide with a property line, parcel boundary, landmark or particular feature will be determined with a scale.
5. Split-Zoned Parcels.
   1. The zoning map may not be amended to classify a single parcel into 2 or more base zoning districts with the exception of SP-PKG as one base zoning classification or when included in a Planned Unit Development (PUD) Overlay.
   2. The split zoning of any newly created parcel (into more than one base zoning district classification) is prohibited with the exception of SP-PKG as one base zoning classification or when included in a Planned Unit Development (PUD) Overlay.
   3. The following regulations apply to existing parcels that are classified in 2 or more base zoning classifications:
      1. For existing and proposed uses and structures, themore restrictive provisions of the applicable zoning districts apply to the entire parcel with the following exceptions:
         1. When one base zoning district applies to at least 75% of the total parcel area and the remainder of the parcel is less than 5,000 square feet in area, the regulations of the zoning district that apply to the larger portion of the parcel apply to the entire parcel. See Figure 01-1, below.
         2. When SP-PKG is one of the base districts, each portion of the parcel is subject to the requirements of the district in which it is located.
      2. Building setbacks do not apply along base zoning district boundary lines that split a parcel under single ownership with the exception of SP-PKG as one base zoning classification where each portion of the parcel is subject to the requirements of the district in which it is located.
      3. If any use, building or structure rendered nonconforming by the split-zoned parcel provisions of this section is accidentally damaged or destroyed it may be reestablished, as long as the reestablishment does not increase the extent of nonconformity.
         
         Figure 01-1: Split-zoned Parcel
         
         

(Ord. O-14-20, pt. I, 8-5-2014)

The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in Section 24.01.020) to this zoning ordinance.

1. Zoning District Map Symbol Conversions. The zoning district names and map symbols in effect before the effective date specified in Section 24.01.020 are converted as follows:

Proposed District Name		Existing District Name
RESIDENTIAL		RESIDENTIAL
GR	Garden Residential	R1-15	Single-unit Residential-15
SR	Suburban Residential	R1-9	Single-unit Residential-9
NR	Neighborhood Residential	R1-6	Single-unit Residential-6
MR	Mixed Residential	R2	Two-unit Residential
LDM	Low-Density, Multi-unit Residential	R4	Multi-unit Residential
MDM	Medium-Density, Multi-unit Residential	R8	Multi-unit Residential
COMMERCIAL		COMMERCIAL
CO	Office	AA	Professional Office
		AA	Medical Clinic
C1	Neighborhood/Village Trade		Trade
			Village Trade
C2	General Commercial	AA	Business
		AA	Commercial
INDUSTRIAL		INDUSTRIAL
M1	Light Industrial	AA	Light Manufacturing
M2	Heavy Industrial	AA	Industrial
OVERLAY		OVERLAY
/MAY	Mayfair Road Overlay	None	(/MAY is new overlay)
/NOR	North Avenue Overlay	None	(/NOR is new overlay)
/PUD	Planned Unit Development	None	(/PUD is new overlay)
/HIS	Historic Overlay	None	(/HIS is new overlay)
SPECIAL PURPOSE		SPECIAL PURPOSE
SP-CON	Conservation		Conservancy
SP-PUB	Public Facilities		Municipal Center & Public Works
SP-RP	Research Park		Research Park Planned Development District
SP-INS	Institutions	AA	Institutions
SP-MED	Medical Center		Medical Ctr. & Institutions
SP-PKG	Parking Support		Off-Street Parking
SP-POS	Parks and Open Space		Parks and Open Space Cemetery
None	(Obsolete District)	RPD	Residential Planned Development
None	(Obsolete District)	BPD	Business Planned Development

2. Applications, Permits and Approvals.
   1. Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before the effective date specified in Section 24.01.020 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building is not commenced and completed within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.
   2. Applications for special use, conditional use, temporary use, variance or other zoning approvals that were submitted in complete form and are pending approval on the effective date specified in Section 24.01.020 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in Section 24.01.020. Building permits for construction and development approved under such zoning approvals may be issued in accordance with Section 24.01.120B.3.
   3. Building permits may be issued for construction or development approved under Section 24.01.120B.2, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.
   4. When a use classified as a conditional use under this zoning ordinance exists as an approved special use, approved conditional use or permitted use on the effective date specified in Section 24.01.020, that use will be considered a lawfully established conditional use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a conditional use, any use lawfully established before such amendment will be considered a lawfully established conditional use after the effective date of the amendment. A lawfully established existing use that is not allowed as a conditional use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 24.15.
3. Violations Continue.
   1. Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under Section 24.17.020.
   2. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this zoning ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in Section 24.01.020.
   3. The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in Section 24.01.020.
4.  Nonconformities.
   1. Any nonconformity under the previous zoning ordinance will also be a nonconformity under this zoning ordinance, as long as the nonconforming situation continues to exist.
   2. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
   3. A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordinance.

If any portion of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects the validity of the remainder of the zoning ordinance.