Fox Point Village City Zoning Code
§ 745-26
Modification of open area.
A.
The open area, but not the setback requirement, for a lot in any residence district may be reduced as set forth herein, below the open area required by this chapter.
B.
Application shall be made to the Building Board which, along with other papers required for a building permit, shall include a plat plan showing, among other things, the location of the proposed structure on the lot, all in such detail as the Building Board may reasonably require.
C.
If the erection of the proposed structure will reduce the open area of the lot on which it is to be built more than 5% below the open area requirement for the lot, then the following additional obligations shall apply:
(1)
The application to the Building Board shall include a plan, in such detail as the Building Board may require, showing: the location and type (Genus and species) of all trees six inches in diameter at breast height (dbh) or larger that are within the greater of the following areas (whether located on the subject parcel or elsewhere):
(2)
Except as to any tree that is being removed, the "tree protection zone" of all trees that are three inches or larger dbh shall be preserved and protected from any disturbance, by the exclusion of all heavy equipment and heavy machinery. The tree protection zone shall be marked on the property. The tree protection zone shall mean that area around a tree trunk that extends vertically from the top of the tree canopy to 36 inches below ground level and horizontally in all directions from the outer edge of the tree trunk one foot for every inch of the tree's diameter at breast height (dbh).
(3)
If any tree that the Village Forester deems to be desirable, and that is three inches or larger dbh, will be removed in conjunction with the construction, whether the tree is on public or private property, tree replacement is required. The Village Forester shall determine what replacement tree(s) is required. The replacement tree(s) required by the Village Forester shall have a total diameter at breast height (dbh) of 50% up to 100% of the total dbh of the removed tree(s). No replacement tree shall have a dbh of less than 1.5 inches.
D.
The reduction of open area shall be authorized when the Building Board, after its examination of the application and accompanying documents and after viewing the site of the proposed structure, has found as a fact:
(1)
That the reduction of open area of the lot resulting from the erection of the proposed structure will not cause a substantial depreciation of the property values of the neighborhood; and
(2)
That the erection of the proposed structure will not reduce the open area of the lot on which it is to be built more than 15% below the open area requirement for the lot.