Chapter 17.16


17.16.010    Districts established.

17.16.020    Zoning map.

17.16.030    Annexations.

17.16.010 Districts established.

For the purpose of this title, the city is divided into zoning districts, as follows:

A.    1.    C conservancy district;

2.    UC upland conservancy district;

3.    R-1 single-family residential district;

4.    R-2 single-family residential district;

5.    R-3 single-family residential district;

6.    M-1 multiple-family residential district;

7.    M-2 multiple-family residential district;

8.    B-1 local business district;

9.    B-2 general business district;

10.    B-3 regional business district;

11.    O and LB office and limited business district;

12.    O and LI office and limited industry district;

13.    Office district;

14.    I industrial district;

15.    REC recreational district;

16.    VAB village area business district;

17.    Office and limited residential/commercial district No. 3 (O&LR/C No. 3);

18.    Office and limited residential/commercial/light industrial district (O&L R/C/LI);

19.    124th Street regional business, office, and limited industry district (B, O&LI).

B.    Overlay districts:

1.    Planned residential development district;

2.    Floodplain districts:

a.    Floodway overlay subdistrict,

b.    Flood fringe overlay subdistrict,

c.    General floodplain overlay subdistrict;

3.    Wetland preservation districts:

a.    Shoreland wetland overlay subdistrict,

b.    Non-shoreland wetland overlay subdistrict,

c.    SP shoreland protection overlay subdistrict;

4.    Upland woodland preservation overlay district. (Ord. 2618-20 § 2, 2020; Ord. 2545-19 § 2, 2019; Ord. 2101-07 § 2, 2007; Ord. 2082-06 § 4, 2006; amended during 1997 codification; prior code § 17.26)

17.16.020 Zoning map.

A.    Districts Mapped. The boundaries of such districts are shown upon a map designated as the zoning map of the city of Brookfield and made part of this title and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by the map were all fully described herein. Such map shall be kept on file in the offices of the city and shall be kept up to date by the city clerk.

B.    Determination of Boundaries. In determining the exact boundaries of the various districts, the following rules shall apply:

1.    Unless otherwise specifically indicated on the zoning map, the district boundaries are lot lines; U.S. Public Land Survey section lines, one-quarter section lines or one-sixteenth section lines; right-of-way lines of streets, highways, railroads or alleys; and where the districts designated on the map are bounded approximately by such lines they shall be construed to be the boundary of such district; however, a street, highway, railroad or alley abutting a zoning district shall be considered to be in the more restrictive adjacent zoning classification.

2.    Where district boundary lines are indicated as adjacent and parallel or approximately parallel to a street, highway or railroad line, unless specifically dimensioned, such district boundary shall be assumed to be three hundred (300) feet from the right-of-way line with which it is parallel.

3.    The boundaries of conservancy districts, as drawn, are intended to represent the edge of swamps, marshes, flood lands or the ordinary high water mark of a stream or watercourse and shall be finally determined by the actual conditions in each specific situation; provided, however, that along a stream or watercourse, such line shall not be less than one hundred (100) feet from the center of such stream or watercourse.

4.    The boundaries of the floodplain districts are based on technical data contained in the Flood Insurance Study, city of Brookfield, Waukesha County, Wisconsin, published by the Federal Emergency Management Agency (FEMA) and dated November 5, 2014.1 The map illustrates the floodlands utilizing the best cartographic information available. The city declares, however, that the exact boundaries should reflect the water surface profile set forth in the flood insurance study, and should be verified and analyzed by a permit applicant or petitioner, and approved by the city.

5.    The boundaries of the wetland preservation districts are based on the Wisconsin Wetland Inventory Maps for the city of Brookfield, dated January 31, 1986, and stamped “Final.” The map illustrates the wetlands utilizing the best cartographic information available. The city declares, however, that the exact boundaries should be field-verified by a permit applicant or petitioner and approved by the city.

6.    In all other cases not covered by the foregoing, the boundaries shall be determined by use of the scale on the zoning map.

C.    Fees. The fee for issuance of a zoning letter indicating the official zoning district designation of a property and enumerating the applicable section(s) of this title for the zoning district(s) shall be as specified in Section 3.28.010(H). Such zoning letter shall include an adopted land use if appropriate. (Ord. 1919-03 § 3 (part), 2003; Ord. 1725 § 2 (part), 2000; prior code § 17.27)

17.16.030 Annexations.

Annexations to or consolidations with the city subsequent to the effective date of this code shall be placed in the R-1 single-family residential district unless the annexation ordinance temporarily places the land in another district. Within one year, the plan commission shall evaluate and recommend a permanent classification of such lands to the council. Annexations containing lands that, prior to annexation, were regulated under the provisions of the Waukesha County Shoreland-Floodland Protection Ordinance shall be governed in the following manner:

A.    Annexations containing floodlands shall be governed by the provisions of the Waukesha County Shoreland Zoning Ordinance until such time that the Wisconsin Department of Natural Resources (DNR) certifies that amendments to this title meet the requirements of Wis. Adm. Code NR 116.

B.    Annexations Containing Shorelands. Pursuant to Section 59.971 (7), Wisconsin Statutes, any annexation of land which was regulated by the Waukesha County Shoreland-Floodland Protection Ordinance shall be designated within the SP Shoreland Protection Overlay District for annexed areas. Such regulations shall be administered and enforced by the zoning administrator. (Prior code § 17.275)


Code reviser’s note: The publication date of the Floodplain Insurance Study has been updated pursuant to Ords. 2345-13 and 2387-14.