The district height limitations stipulated elsewhere in this Chapter may be exceeded, but such modifications shall be in accord with the following:

(a)

Architectural projections, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.

(b)

Special structures, such as elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, 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, electric power, and communication transmission lines are exempt from the height limitations of this chapter.

(d)

Communications structures, such as radio and television transmission and relay towers, aerials and radio and television receiving and transmitting antennas, including ground and building-mounted antennas, shall not exceed a height equal to their distance from the nearest lot line.

(e)

Private communication structures, such as residential radio and television receiving and transmitting antennas, including ground and building-mounted antenna, shall not exceed a height equal to the maximum height permitted in the district. (See section 13-1-25.)

(f)

Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.

(g)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, 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.

The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(a)

Uncovered stairs, landings, and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.

(b)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed three feet.

(c)

Retaining walls are permitted on the property lines in the yards of residential districts, but shall not exceed a height of three feet and shall not be closer than two feet to any public right-of-way. The total height of a retaining wall in any yard may exceed three feet provided that the wall shall be terraced in a manner that for each three foot section of wall there shall be a three foot horizontal terrace to the next three foot section of wall.

(d)

Accessory structures and vegetation used for landscaping and decorating may be placed in the required street yard, side yards, or rear yard but shall not be placed or project into any public right-of-way. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs, and flowers.

(e)

Off-street parking is permitted in all yards of the districts, but shall not be closer than 25 feet to the right-of-way of streets in a residential district or when abutting a residential district.

(f)

Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(g)

Accessory uses and detached accessory structures are permitted in the rear yard only except where they may be permitted in PUD Planned Unit Development Overlay Districts; they shall not be closer than ten feet to the principal structure, shall not exceed 20 feet in height, and shall not be closer than three feet to any lot line nor five feet to an alley line. All accessory structures combined, in a single-family and two-family residential district, shall not exceed 720 square feet in area. A maximum of two detached accessory structures are allowed on a residential lot. Appeals for a waiver to the restriction on the size of accessory structures shall be made to the Cedarburg Plan Commission. For double-frontage lots, accessory structures shall comply with the building setback requirements as stipulated in section 13-1-105 of this Zoning Code. In RM-2 Districts, detached garages may also be allowed as a conditional use in interior side yards and such garages shall be subject to the same maximum height limits and minimum yard requirements as noted herein in subsection (g). Approval of interior side yard detached garages shall include a landscaping plan to enhance their visual appearance.

(h)

Earth station dish antennas, roof-mounted antennas, and tower-mounted antennas are permitted as provided in section 13-1-25 of this chapter.

(Ord. No. 2001-16; Ord. No. 2002-26; Ord. No. 2006-27; Ord. No. 2019-23, § 1, 12-9-19)

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. (See Illustration No. 5.)

(a)

The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district. (See Illustration No. 5.)

(b)

Additions to existing residential structures which lack the required street yard setback may be allowed if the addition is set back a distance greater than or equal to the average of the existing building setback and the required setback.

(Ord. No. 2008-09)

Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. The remaining yards shall be a side yard and a rear yard. The permit applicant may select which yard is the side yard and which is the rear yard. (See Illustration No. 6.)

Lots abutting two opposite streets shall provide the street yard setback required by the district in which the lot is located from each street upon which the lot abuts. (See Illustration No. 6.)

Where a lot is located partially within the FWO Overlay or FCO Floodplain Conservancy District and partially within any other adjoining use district, that portion of the lot in the FWO Floodway Overlay or FCO Floodplain Conservancy District may be utilized to meet the area requirements of the adjoining use district.

(a)

A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 7,200 square feet in area, may be used as a single building site provided that the use is permitted in the zoning district, provided that the lot is a lot of record in the County Register of Deeds' office prior to the effective date of this chapter.

(b)

A lot located in the business, manufacturing, or institutional districts which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site provided that the lot is a lot of record in the County Register of Deeds' office prior to the effective date of this chapter.

(c)

Substandard lots granted permits under this chapter 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 zoning board of appeals.

Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.

All fences installed in the City of Cedarburg shall comply with the following requirements:

(a)

All fences shall be maintained in good repair and in structurally sound condition. All fences shall be constructed and maintained in a good aesthetic condition and in such a manner and of such materials and colors so as not to adversely affect the value of adjoining property or property in the immediate neighborhood. No fence may be constructed or maintained which is detrimental to human life or safety or causes a traffic hazard. All fences shall be constructed and maintained straight, plumb and have an even height along their length, except such deviations as required by grade.

(b)

Any sign placed on a fence shall comply with requirements in the city's Sign Code.

(c)

No material shall be stored between a fence located adjacent to a lot line and the lot line.

(d)

All fences shall be constructed with the more attractive or decorative side facing the adjacent or abutting property or street.

(e)

No fence may interfere with drainage easements or cause drainage blockage to adjacent properties. Fences shall comply with section 6-1-5 related to prohibiting interference with drainage and utility easements.

(f)

Residential fences are permitted on the property lines in the yards of residential districts, but shall not in any case exceed a height of six feet; shall not exceed a height of four feet when placed in a street yard; and shall not be closer than two feet to any public right-of-way. See section (h) below for fences to be located on corner lots.

(g)

Fencing in non-residential zoning districts shall comply with the following restrictions:

(1)

Fences may be located in side and rear yards only (not in street yard).

Fences may be located in front yards or street yards in non-residential districts only after approval by the plan commission.

(2)

Fences shall not exceed a height of six feet in height, except when required to enclose outside storage areas and when approved by the plan commission, such fences may be up to ten feet in height.

(3)

Fencing constructed to enclose outside storage areas shall be at least six feet in height and in no case lower in height than the enclosed storage area.

(4)

All fencing constructed to enclose outside storage areas in nonresidential zoning districts shall be approved by the plan commission.

(5)

When fences are used to screen business or industrial uses from adjacent uses, they may be located on the property line, shall be solid (such as brick walls, basket-weave fences, stockade fences, or woven wire with screening inserts), and shall not exceed eight feet in height unless a higher fence is approved by the plan commission.

(6)

Barbed wire may be allowed on top of fences eight feet or more in height.

(h)

All fences on corner lots at street intersections shall comply with the requirements of section 13-1-80 related to placement and height of fences to maintain traffic visibility through vision clearance triangle areas.

(i)

Fences shall not be placed on any part of a berm unless approved by the plan commission.

(j)

Fences in the Washington Avenue Historic District require review and approval by the landmarks commission. Such fences may be subject to special design, placement, and appearance requirements due to the unique attributes of the Washington Avenue Historic District.

(k)

Fences around swimming pools shall comply with section 13-1-23.

(l)

Fences existing prior to the date of adoption of this amendment that do not comply with the requirements in this amendment shall be considered non-conforming structures. Such fences may be maintained and continued, but any changes or substitutions with new fencing shall comply with the provisions in this amendment. The provisions of article G apply to non-conforming structures.

(Ord. No. 2001-14)

(a)

Purpose. To avoid locating buildings and parking areas immediately adjacent to wetlands and to minimize potential adverse effects there from such as flooding, wet basements, poor subsoil conditions and proximity to standing water, the following setback from wetlands shall be required for residential, commercial, or industrial uses:

(1)

Twenty-five feet for principal buildings or principal structures including their attached garages and decks.

(2)

Five feet for detached accessory buildings, detached accessory structures, and parking areas.

(3)

Minor accessory structures, which do not involve grading or filling, including fences, light poles, flag poles, bird baths, lawn ornaments and landscaping/vegetation including trees and shrubs may be located immediately adjacent to wetlands.

(4)

The setbacks noted above in (1) and (2) shall be minimum setbacks unless a greater setback is required by other regulations.

(Ord. No. 2001-36)