Bayside Village City Zoning Code
ARTICLE I
In General
§ 125-1 Purpose.
[Code 1997, § 106-1]
(a)
The village is a community in the metropolitan area of Milwaukee County, in which substantially all of the land and real property has been or is being developed for private residential purposes by the owners thereof, with private restrictions to carry out such purposes.
(b)
It is the desire of the inhabitants and property owners to preserve the residential character of the village.
(c)
In the opinion of the village board of trustees, the enactment of this chapter is essential for the promotion of the public health, morals and public safety in view of the topography and soil conditions in the village, and is further necessary for the promotion of the public welfare, convenience and general prosperity of the village and its inhabitants by the prevention of unregulated and unrestricted development.
§ 125-2 Interpretation and definitions.
[Code 1967, § 22.01; Code 1997, § 106-2; Ord. No. 98-420, 7-1-1998; Ord. No. 02-494, 6-6-2002; Ord. No. 06-552, 6-6-2006; Ord. No. 07-561, 3-1-2007]
In interpreting and applying the provisions of this chapter, such provisions shall be deemed to be the minimum requirements adopted for the public health, morals and safety, and for the promotion of convenience, comfort and general welfare of the inhabitants of the village, but it is not intended to interfere with or abrogate any existing easements or other agreements between individuals; but when this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings or the open area required, the provisions of this chapter shall control. The following words, when used in this chapter, shall have the meanings set forth in this section:
Means a use compatible with, related to and incidental to the permitted residential use, including attached or detached garages and including accessory buildings as permitted by the building code used as playhouses or for the storage of those items which relate to the basic residential use.
Means any retailer who generates more than one percent of its sales in any month from books, videos, DVDs, CDs or other recordings depicting human nudity or sexual activity.
Means an establishment where entertainment by live performers is provided on the premises which includes the exposure of human genitalia in a form less than completely and opaquely covering human genitals, pubic region or female breast below a point immediately above the top of the areola, or including simulated or actual acts of human masturbation, sexual intercourse, sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast, or includes the use of profane or otherwise obscene language or extreme violence.
Means an enclosed building or structure with a capacity with less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing human nudity or sexual activity for observation by patrons therein.
Means an enclosed building or structure with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing human nudity or sexual activity for observation by patrons therein.
As defined at Wis. Stats. § 30.01(1d), means a permanent structure used for the storage of watercraft and associated materials and includes all such structures which are totally enclosed, have roofs or walls, or any combination of structural parts.
Means any establishment which (exclusive of licensed medical doctors and dentists performing surgical procedures) derives more than one percent of its sales in any month from piercing any portion of the human body.
Means any structure, including any steps, balcony, bay window, cornice or other projection of whatsoever nature.
Means the following:
FRONT LINE OF A BUILDING
Means a line drawn through the point of a building nearest to and parallel with the front lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
REAR LINE OF A BUILDING
Means a line drawn through the point of a building nearest to, and parallel with, the rear lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
SIDE LINE OF BUILDING
Means a line drawn through the point of the building nearest to and parallel with the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
Means any establishment which charges more than $5.00 for the dispensing of cash or cashing of checks.
Means a lot abutting two or more streets or other areas reserved for highway purposes.
Means any establishment that receives more than ten percent of its sales in any month from any arrangement or arrangements in which a person accepts a check dated on the date it was written and agrees to hold it for a period of days prior to deposit or presentment, or accepts a check dated subsequent to the date it was written, and agrees to hold the check for deposit until the date written on the check. Deferred deposit loan establishments shall also include any establishment making a loan secured by an anticipated tax refund to which a borrower is entitled or otherwise secured by one or more paychecks from employment anticipated by the borrower.
Means a detached or semi-detached building having accommodations for one family, exclusive of trailers, provided that the building may provide quarters for bona fide servants notwithstanding they may constitute a family.
Means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and foreign exchange students. Two, but not more than two, persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall also be deemed to constitute a family.
Means any tarot card reader, palm reader, crystal ball reader, astrologer, psychic or other fortune teller or maker of predictions who charges a fee for the rendition of predictions as to future events.
Means after July 15, 1954.
Means a building occupied as the temporary abiding place of individuals who are lodged with or without meals, in which no provision is made for cooking in the private apartment and in which there is a public room and a general kitchen.
Means a parcel of land, whether unplatted or platted in whole or in part, all of which is owned legally or under a land contract by the same person or persons and which is treated or occupied by them as a unit for a use permitted by this chapter.
Means any use of a building or premises that does not conform with the regulations of the district in which it is situated as provided for by this chapter.
Means that portion of a lot that will be unoccupied after the erection of a building or buildings for which a permit has been duly requested. In computing such open area, the lot shall be considered as extending no further than the side line of any street or area reserved for highway purposes upon which a lot abuts except when this chapter shall specifically provide otherwise.
Means any lender who accepts and holds personal property of a debtor as collateral for a loan.
Means any store selling used goods, the value of which is less than 25 percent of the original unadjusted purchase price when new.
Means anything constructed or erected which, for its use, requires a permanent location on the ground or attached to something having a permanent location on the ground.
Means any establishment which (exclusive of medical doctors rendering restorative care) derives more than one percent of its sales in any month from the intentional marking, coloration, or drawing upon the human body.
Means any lender who derives more than ten percent of its sales in any month from the making of retail loans secured in any way by a vehicle title (including, but not limited to, cars, trucks, motorcycles, boats, trailers, recreational vehicles, construction equipment, and aircraft) as collateral.
Means the cubic contents of that space between the elevation of the intersection of the building and the lot and the arithmetical mean level of the roof surface, including storage space, towers, penthouses, water tanks, bays, covered bays, covered porches and other spaces not open to the sky.
Means the following:
FRONT YARD
Means an open area on the same lot with a building between the front line of any building and the front lot line, or the side line of the street or area reserved for highway purposes, whichever is nearer, extending the full width of the lot. Corner lots shall have one front yard for each abutting stretch of street or other frontage reserved for highway purposes.
REAR YARD
Means an open area on the same lot with a building, between the rear lot line and the rear line of any building, extending the full width of the lot; except that where the rear of said lot abuts upon a street or area reserved for highway purposes, the rear yard shall extend only to the side of the street or area reserved for highway purposes. Corner lots shall have no more than one rear yard which rear yard shall be designated by the architectural review committee.
SIDE YARD
Means an open area on the same lot with a building between the side lot line and the side line of any building, extending from the front yard to the rear yard; except that where the side of the lot abuts upon a street or area reserved for highway purposes, the side yard shall extend only to the side of said street or area reserved for highway purposes. On corner lots the architectural review committee may redesignate an existing rear yard as a side yard.
DEPTH OF FRONT YARD
Means the minimum horizontal distance between the front line of a building and the front lot line or side line of the street or area reserved for highway purposes, whichever is nearer.
DEPTH OF REAR YARD
Means the minimum horizontal distance between the rear line of a building and the rear lot line or side line of the street or area reserved for highway purposes, whichever is nearer.
WIDTH OF SIDE YARD
Means the minimum horizontal distance between the side line of a building and the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer, including any roof, overhang, eave or other type of attachment which extends toward a side lot line or the sideline of a street or area reserved for highway purposes, whichever is nearer, in establishing the farthest extent of the sideline of a building.
§ 125-3 General provisions.
[Code 1967, § 22.02; Code 1997, § 106-3; Ord. No. 98-420, 7-1-1998; Ord. No. 99-431; Ord. No. 01-483, 8-1-2001; Ord. No. 04-523, 3-4-2004; Ord. No. 04-524, 6-3-2004; Ord. No. 07-568, 7-12-2007; Ord. No. 08-576, 1-3-2008; Ord. No. 14-651, 10-9-2014; Ord. No. 14-654, 11-20-2014; Ord. No. 16-669, 6-9-2016]
(a)
Required open spaces.
(1)
No dwelling as defined above shall occupy an area exceeding 15 percent of the gross area of the lot if in the "A" residence district, 25 percent if in the "B" residence district, or 35 percent if in the "C" residence district.
(2)
The open spaces shall be contiguous to and align with adjacent properties to unify the neighborhood and maintain access to natural light.
(3)
In the "A," "B," and "C" residential districts, only one dwelling or residence may be located on each lot.
(b)
(c)
Minimum floor area of garages. No attached or detached garages shall hereafter be erected, the area of which within the perimeter of the garage at grade, exclusive of recessed chimneys or other interior projections, is less than 484 square feet.
(d)
Detached garages. Detached private garages shall be one story in height only and shall have no living quarters in connection therewith.
(e)
Accessory uses and structures.
(1)
Accessory uses and detached accessory structures are permitted upon approval of the architectural review committee. Detached garages are not included as an accessory structure since one detached garage is permitted on a lot where an attached garage is not present. The maximum size of approved accessory structures shall not exceed the following square footage for each lot size:
Less than 22,000 sq. ft. | 150 sq. ft. |
Between 22,000 sq. ft. and 1 acre | 200 sq. ft. |
Between 1 acre and 2 acres | 250 sq. ft. |
Between 2 acres and 3 acres | 350 sq. ft. |
Between 3 acres and 4 acres | 450 sq. ft. |
Between 4 acres and 5 acres | 500 sq. ft. |
Larger than 5 acres | 550 sq. ft. |
(f)
Setbacks, elevations, and height of structures. Residences in the "A," "B," and "C" residential districts, whether newly constructed or the result of an addition to an existing structure, shall be subject to the following requirements:
(1)
The front setback of all structures shall match the setback of the adjacent homes wherever possible. In no event shall a structure encroach more than five feet beyond the setback of the average front setback of the nearest two homes on the same or an adjoining block or the nearest single home within 100 feet if no appropriate average can be determined. In measuring the setback of the nearest two homes, no home more than 200 feet away from the home in question shall be considered.
(2)
The rear setback of all structures shall match the setback of the adjacent homes wherever possible. In no event shall a structure encroach more than 15 feet beyond the setback of the average rear setback of the nearest two homes on the same or an adjoining block or the nearest single home within 100 feet if no appropriate average can be determined. In measuring the setback of the nearest two homes, no home more than 200 feet away from the home in question shall be considered.
(3)
The side elevation (the elevation of the occupied space of a structure not including attic and gable elevations) of any structure shall not exceed the length and height of the adjacent neighboring home's side elevation unless the following requirements are met:
a.
The increased length of the side elevation is visually broken by offsetting a portion of the elevation and roof line or adding a vertical element to the uppermost story such as a gabled roof, which visual break shall extend for at least 50 percent of the total length of the side elevation;
b.
The height of any side elevation shall not exceed 150 percent of the adjacent neighboring structure's side elevation wherever such structure is built at or within five feet of the required side setback;
c.
The height of any side elevation shall not exceed 200 percent of the adjacent neighboring structure's side elevation when such structure is built at or within ten feet of the required side setback; or
d.
The side elevation height restrictions listed in subsection (f)(3)b and c of this section shall not apply to homes which are more than 75 feet apart.
(4)
No structure shall exceed 35 feet above normal grade. Structure height shall be measured vertically from grade to roof peak. Accessory elements including cupolas, antennae, chimneys, etc., shall not exceed 42 feet in height above normal grade.
(5)
No structure shall exceed two stories in height. Attic space above any second floor may be developed and may contain dormer windows, provided all other building code requirements are met.
(6)
Existing grade levels shall be taken into account for all measurements under this subsection. Existing structures shall be considered to be at existing grade at the point of main ingress and egress.
(7)
Structures in excess of 42 feet in height must be set back from the property lines of any property not owned or controlled by the owner or operator of the structure in a distance in all directions equal to or greater than the height of the structure unless the person owing or controlling the structure provides the village with certification from a licensed engineer that the structure is designed to collapse within a smaller area than the distance in all directions equal to its height but still within an area comprised of property under the same ownership or control, unless the village engineer provides substantial evidence that the engineering certification is flawed.
(g)
Impervious surfaces. Building permits issued under section 104-98 for impervious surfaces which do not involve structures (i.e., driveways, patios, walkways, etc.) shall not require review by the architectural review committee. In no event (other than by the installation of stormwater management facilities to mitigate the impacts of impervious surfaces) shall such exceptions permit total impervious surfaces (of all kinds) in excess of 45 percent of total lot area on any property, or setbacks at any point of less than three feet to the side lot line or five feet to the rear lot line.
(1)
Impervious surface means a manmade, constructed, or installed surface placed permanently on, above, or in the ground which is non-native, and significantly reduces infiltration of rain and surface water when compared to native uncompacted soil, including, but not limited to, asphalt, concrete, brick, stone, tile, wood, rubber, plastic, and metal. Impervious surface shall include the roof area of all structures. An impervious surface, for purposes of establishing side and rear yard setbacks under this Code, shall not include surfaces which are shared by more than one property and are substantially located on more than one property.
(2)
Impervious surface setbacks. No more than 25 total square feet per lot of impervious surface of any type may be installed or maintained in the "A," "B" or "C" residential districts less than five feet from any side lot line (three feet within village right-of-way), nor less than ten feet from the rear lot line. No more than 50 feet of frontage at the village right-of-way may be an impervious surface.
(3)
Impervious surface maximum percentages. The total of all impervious surfaces on a given lot (or combination of lots devoted to use for a single-family use) may not exceed 25 percent of the total area of the lot, exclusive of areas devoted to highway or right-of-way purposes in the "A" residential district, nor more than 35 percent in the "B" residential district, nor more than 40 percent in the "C" residential district.
(4)
Legal nonconforming status. Properties in violation of this section as of the date of its enactment shall enjoy legal nonconforming status. Such nonconforming status must cease, and its legality will terminate on the entire property at the installation or replacement of more than 100 square feet of impervious surface contiguous with the nonconforming surface, or repairs sufficient to end legal nonconforming status under this Code.
§ 125-4 Amendments.
[Code 1967, § 22.16; Code 1997, § 106-4; Ord. No. 99-432, 4-8-1999; Ord. No. 00-456, 6-1-2000; Ord. No. 08-577, 2-14-2008; Ord. No. 15-659, 12-17-2015]
(a)
Pursuant to the provisions of Wis. Stats. § 62.23(7), the village board may from time to time amend, supplement or change by ordinance the boundaries of the districts or any provisions of this chapter, provided that:
(1)
Any such proposed amendment, supplement or change shall first have been submitted to the village plan commission for its recommendation and report;
(2)
The village plan commission shall hold a public hearing upon each recommendation and shall give notice which states the date, time and place of such public hearing;
(3)
Notice shall be given as provided in Wis. Stats. § 62.23(7)(d).
(b)
Petitions for rezoning shall be signed by either the fee owner or land contract purchaser of record of the property affected by the rezoning, in addition to any other interested parties seeking the rezoning. This provision shall not apply if the petition for rezoning is initiated by the village board or any of its committees, officers or employees or by property owners in the immediate vicinity of the property that is the subject of the petition for rezoning.
(c)
Pursuant to the authority of Wis. Stats. § 62.23(7)(ea), the filing fee for a petition for amendment to any zoning ordinance shall be in such amounts as established by the village board from time to time by ordinance or resolution. This sum shall be paid to the village treasurer as a condition precedent to the filing of a petition for rezoning with the village board. The filing fee shall not be required if the rezoning is initiated by the village board or any of its committees, officers or employees or by property owners in the immediate vicinity of the property that is the subject of the petition for rezoning.
§ 125-5 Nonconforming uses, structures and lots.
[Code 1997, § 106-5; Ord. No. 99-431; Ord. No. 01-483, 8-1-2001; Ord. No. 12-638, 8-2-2012; Ord. No. 19-706, 12-17-2019]
(a)
Existing nonconforming uses. The lawful nonconforming use of land without structures, a lawful nonconforming use in a conforming or nonconforming structure or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of this section may be continued although the use does not conform with the provisions of this section, provided, however:
(1)
Only that portion of the land in actual use may be so continued and the use may not be extended, enlarged, substituted or moved and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this section.
(2)
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this section.
(b)
Conforming structures on nonconforming lots. The conforming use of a conforming structure existing at the time of the adoption or amendment of the ordinance from which this section is derived may be continued even though the lot area or lot width does not conform to the requirements of this section. Additions and enlargements to the structures or construction or reconstruction of the structure is permitted with approval of the architectural review committee if it conforms with the established building setback lines along streets and the lot area, height, parking, loading, and access provisions of this section.
(c)
Nonconforming structures on a conforming or nonconforming lot. The conforming use of a nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this section is derived may be continued even though the structure's size or location does not conform with the established building setback line along streets, or the lot area, height, parking, loading, and/or access provisions of this article.
(1)
Additions and enlargements to existing nonconforming structures are permitted with approval of the architectural review committee if they conform with the established building setback lines along streets and the lot area, height, parking, loading, and access provisions of this article.
(2)
Existing nonconforming structures which are damaged or destroyed on or after March 2, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored to the size, location, and use that the structure had immediately before the damage or destruction occurred. Such structure may be increased to a size larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal law or regulations. Such repair, reconstruction or restoration shall be subject to the approval of the architectural review committee and (insofar as is practicable) shall conform with the established building setback lines along streets and the lot area, height, parking, loading, and access provisions of this article.
(3)
Existing nonconforming structures may be moved with approval of the architectural review committee and shall conform with the established building setback lines along streets and the lot area, height, parking, loading, and access provisions of this article.
(d)
Nonconforming lots. The existence of a nonconforming lot may be maintained under this chapter, but where practicable should be eliminated, with owner consent, in the event of any division of contiguous property owned by the same owner.
(e)
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.
§ 125-6 Notice of public hearings except for amendments to zoning code.
[Code 1997, § 106-6; Ord. No. 00-455, 6-1-2000; Ord. No. 15-659, 12-17-2015]
Whenever a provision of this code requires a public hearing other than a public hearing for an amendment to any provisions of this chapter (see section 125-4(a)), a notice stating the time and place of the hearing shall be given by publication of a class 1 notice under Wis. Stats. ch. 985, at least seven days prior to the date of the hearing and also by posting of the notice in at least one public place likely to give notice to persons affected, and electronically on the village Internet site.
§ 125-7 Temporary overlay zoning.
[Code 1997, § 106-7; Ord. No. 00-458, 7-20-2000; Ord. No. 00-466, 10-5-2000; Ord. No. 02-503, 10-3-2002; Ord. No. 03-516, 10-2-2003]
(a)
This section is an overlay zoning ordinance applicable to those properties located in the D business district and F office park district west of North Port Washington Road and south of White Oak Lane.
(b)
Conditional use permits for business uses in the location specified in subsection (a) of this section, may be granted by the village board upon recommendation of the plan commission in accordance with the conditional use procedure of section 125-94(d) during the period which this section is in effect. However, the specific conditional uses designated at section 125-94(c) shall not during the pendency of this section be considered as the specific uses to be considered by the plan commission and village board in granting conditional use permits. The plan commission may recommend and the village board may approve conditional use permits for those uses specified in section 125-94(c) but during the pendency of this section there shall be no presumption that conditional use permits will be granted for such specified uses. During the pendency of this section the plan commission may recommend and the village board may approve conditional use permits for uses other than those specified in section 125-94(c) regardless of whether such uses are substantially similar to those specified in section 125-94(c).
(c)
This section derives from a temporary ordinance, which shall expire upon whichever of the following events first occur:
(d)
This section shall not affect any developments or proposed uses which have been previously approved or in the process of being approved by the plan commission and the village board at the time this section is adopted.
§ 125-8 (Reserved) [1]
[1]
Editor's Note: Former § 125-8, Temporary moratorium on permits for wireless telecommunications facilities, as amended 7-5-2001 by Ord. No. 01-482, was removed at the request of the Village as the moratorium expired in 2001.
§ 125-9 Special exceptions.
[Code 1997, 106-9; Ord. No. 01-484, 8-1-2001; Ord. No. 20-720, 11-19-2020]