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Iron Ridge City Zoning Code

ARTICLE VI

Modifications; Filling and Lagooning

§ 365-52 Modification of height limitations.

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, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, 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. 
Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line.
E. 
Agricultural structures such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.
F. 
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, 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.
G. 
Small height additions. Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock towers, cupolas, water tanks, and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover, at any level, more than 25% of the area of the roof on which it is located, provided, further, that no such exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the main building.

§ 365-53 Building setbacks.

In residential districts, except for corner lots, required setbacks may be modified in the following cases:
A. 
Where 50% or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures, which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter. The required street yards may be decreased to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet except in the R-2 District.

§ 365-54 Extensions of structures into required yards.

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 two feet.
C. 
Essential services, utility electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
D. 
Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in § 365-47.

§ 365-55 Required buffer strips in industrial districts.

Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary a buffer strip not less than 40 feet in width, as measured at right angles to said lot line. Plant materials at least six feet in height, of such variety and growth habits as to provide a year-round effective visual screen when viewed from the residential district, shall be planted within the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

§ 365-56 Filling, grading and lagooning.

A. 
Prohibition. Filling, grading, lagooning or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation or impairment of fish and aquatic life shall be prohibited.
B. 
Filling and grading. A conditional use permit for filling and grading shall be required in the following instances:
(1) 
Any proposed grading or filling in a conservancy zoning district or of the bed of a navigable body of water. The Plan Commission shall evaluate the proposal for conformance with all applicable state and local regulations and may refer the proposal to any state or local governmental agency for advice and/or technical assistance.
(2) 
Any proposed grading or filling of any area which is within 300 feet horizontal distance of the high water mark of a navigable body of water and which has surface drainage toward the water and on which there is:
(a) 
Filling of more than 500 square feet of any wetland which is contiguous to the water.
(b) 
Filling or grading on slopes of 20% or more.
(c) 
Filling or grading of more than 1,000 square feet on slopes of 12% to 20% or less.
(d) 
Filling or grading of more than 2,000 square feet on slopes of 12% or less.
(3) 
Any proposed grading or filling of an area of more than 2,000 square feet that would create or alter slopes of 10% or more.
C. 
Lagooning and dredging.
(1) 
A conditional use permit shall be required before constructing, dredging or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet of the high water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed water-ways which are used for sediment retardation.
(2) 
The Plan Commission shall evaluate each application and may request expert assistance from state, federal and local agencies.
D. 
Conditions attached to permit. In granting a conditional use permit for filling, grading, or lagooning the Plan Commission may attach the following conditions:
(1) 
That the smallest amount of bare ground be exposed for the shortest time feasible.
(2) 
Temporary ground cover such as mulch be used and permanent cover such as sod be planted.
(3) 
Diversions, silting basins, terraces and other methods to trap sediment be used.
(4) 
Lagooning be conducted in such a manner as to avoid creation of fish trap conditions.
(5) 
Fill is stabilized according to accepted engineering standards.
(6) 
That fill will not restrict a floodway or destroy the storage capacity of a floodplain.
(7) 
Sides of a channel or artificial watercourse be stabilized to prevent slumping.
(8) 
Sides of channels or artificial watercourse be constructed with slopes of two horizontal to one vertical or flatter, unless vertical bulkheads or riprapping are provided.
E. 
State agency permits. Any state agency permits shall be required as applicable and the granting of a conditional use permit by the Plan Commission shall not be regarded as necessarily satisfying state and/or local permit requirements.