Brookfield Town City Zoning Code
§ 17.07
Modifications.
(1)
General. The Town Building Inspector, in reviewing building permits, may grant modifications to the terms of this chapter as provided herein.
(2)
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(a)
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(b)
Special structures, such as elevator penthouses, grain elevators, radio and television receiving antennas, satellite dish antennas when mounted on the roof of a principal structure, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.
(c)
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.
(d)
Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height their distance from the nearest lot line.
(e)
Agricultural structures, such as barns and silos, shall not exceed in height their distance from the nearest lot line.
(f)
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries and governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(3)
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(a)
Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.
(b)
Accessory structures used for decorating may be placed in the required street yard and side yards. Permitted structures include flagpoles, basketball goals, ornamental light standards, lawn furniture, sundials, and birdbaths.
(c)
Landscaping and vegetation are exempt from the yard requirements of this chapter, but shall comply with the traffic visibility requirements in § 17.06(1) of this chapter.
(d)
Essential services, utilities, and electric power and communication transmission lines are exempt from the yard requirements of this chapter.
(4)
Additions. Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
(5)
Average street yards. The required street yard or setback may be decreased in any residential district to the average of the existing street yards as measured from the existing principal structures on each side if they are closer than the required street yard, but such modified street yard shall in no case be less than 40 feet.
(6)
Corner lots. Structures shall provide a front yard setback as required by this chapter on each street that the structure abuts as established by the zoning district regulations.
(7)
Double frontage lot. Lots abutting two opposite streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts.
(8)
Existing substandard lots.
(a)
A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 75 feet wide and 10,000 square feet in area may be used as a single-family building site if the use is permitted in the zoning district, the lot is of record in the County Register of Deeds Office prior to the effective date of this chapter and the lot is in separate ownership from abutting lands.
(b)
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.
(c)
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Board of Appeals. A variance shall not be granted if the lot at any time was conveyed to another owner where the common ownership of adjoining lots existed unless a variance was granted for the conveyance.