Where the side or rear yard of a lot abuts on the east right-of-way of I-43, the setback required for either such side yard or rear yard as provided by the zoning district in which said lot is located shall be maintained except as hereinafter provided.

On application to and approval by the Building Board, a building or structure for an accessory use may be located within the area otherwise required for a side yard or rear yard setback, provided it is not closer to the right-of-way line of I-43 than three feet, and landscaping adequate to shield such accessory building or structure from said right-of-way is planted and maintained.

Application for approval of the construction of such building or structure shall be made to the Building Board along with such drawing or plat as said Board considers adequate to show the proposed location of such building or structure, and also to show the proposed location and type of planting that will be made and maintained to shield such proposed building or structure from the right-of-way. If the Building Board determines such planting is adequate to so screen said proposed building or structure and the building or structure otherwise complies with the Code of the Village of Fox Point, it shall approve the construction of such accessory building or structure and the landscaping; otherwise, it shall disapprove. The planting approved for such screening shall be done not later than one year after the granting of a building permit for the building or structure, and after being planted shall be maintained in a neat manner, and in the event of the death of any such planting, replacement shall be made.

Failure to make the planting within the time herein provided or to maintain the same as herein provided shall constitute a violation of this section, and each day such condition continues to exist shall be a separate violation. In the event the Building Board determines that the planting does not meet the standards herein established, an appeal may be taken to the Board of Appeals as in other cases.

The Building Inspector shall not issue a building permit for the construction of a building or structure located as authorized by this section until the landscaping required by this section has been approved as above provided.