A.

Major Streets. The following streets or parts of streets in the City of Kenosha are hereby designated to be major streets:

1.

Sheridan Road, from the most northern corporate limits of the City of Kenosha, to the most southern corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

2.

22nd Avenue, from the most northern corporate limits of the City of Kenosha, to the most southern corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

3.

27th Street, from the west line of 22nd Avenue to the east line of 30th Avenue.

4.

30th Avenue, from the most northern corporate limits of the City of Kenosha to the most southern corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

5.

35th Street, from the west line of 22nd Avenue to the east line of 30th Avenue.

6.

39th Avenue, from the most northern corporate limits of the City of Kenosha to the most southern corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

7.

Roosevelt Road, from the south line of 63rd Street to the center line of 75th Street.

8.

Washington Road, from the west line of 7th Avenue to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

9.

45th Street, from the west line of 22nd Avenue to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

10.

50th Street, from the west line of 7th Avenue to the east line of 30th Avenue.

11.

52nd Street, from the west line of 6th Avenue to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

12.

56th Street, from the west line of 8th Avenue to the east line of 22nd Avenue.

13.

60th Street, from the east line of Sheridan Road to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

14.

63rd Street, from the west line of Sheridan Road to the east line of 22nd Avenue.

15.

75th Street, from the west line of 3rd Avenue to the most western corporate limits of the City of Kenosha, insofar as it abuts or lies within such City limits.

16.

State Highway Number 31, insofar as it abuts or lies within the corporate limits of the City of Kenosha.

B.

Extensions of Major Streets Due to Annexations. Any major street, as designated under Section 5.01.A. of this Ordinance, shall be extended to include any continuation of such street or parts thereof which results from any annexations to or consolidation with the City subsequent to the effective date of this Ordinance and any continuation of such major street shall extend to any new corporate limits established by such annexation or consolidation.

A.

Base Lines. The base line on the major streets designated in Section 5.01 of this Ordinance shall be as follows:

1.

Sheridan Road, from the most northern end of the present street, insofar as it abuts or lies within the corporate limits of the City of Kenosha, to the center line of 48th Street, the base line shall be the present center line of said major street. From the center line of 48th Street to the south line of 50th Street, the base line shall be a straight line extending from a point where the center line of 48th Street intersects the center line of Sheridan Road, to a point on the south line of 50th Street, which is seven (7) feet east of the center line of Sheridan Road. From the south line of 50th Street, to the center line of 52nd Street, the base line shall be a straight line parallel to and forty (40) feet easterly (measured at right angles therefrom) of the present west line of Sheridan Road, said west line being as described in a deed from the Union Tanning Company to the City of Kenosha under date of March 31, 1925, and recorded in Volume 109 of Deeds, on pages 48, 49 and 50 in the office of the Register of Deeds of Kenosha County, Wisconsin. From 52nd Street to 59th Street, the base line shall be parallel to and forty (40) feet east of the present west line of Sheridan Road. From 59th Street to 83rd Street, the base line shall be the present center line of said major street. From 83rd Street to the most southern corporate limits of the City of Kenosha, insofar as Sheridan Road abuts or lies within such City limits, the base line shall be the center line of said major street, as established by the Wisconsin Department of Transportation, Division of Highways Plan approved January 20, 1978.

2.

22nd Avenue, from the most northern end of the present street, insofar as it abuts or lies within the corporate limits of the City of Kenosha, to the center line of 30th Street, the base line shall be the present center line of said major street. From 30th Street to 32nd Street, the base line shall be a straight line extending from the point of intersection of the present center line of 22nd Avenue with the center line of 30th Street and extending to the point of intersection of the present center line of 22nd Avenue and the present center line of 32nd Street. From 32nd Street to the center line of Washington Road, the base line shall be the present center line of said major street. From Washington Road to the north line of 41st Street, the base line shall be a straight line extending from the intersection of Washington Road with the center line of 22nd Avenue, to the point of intersection of the north line of 41st Street with the east line of the Southeast Quarter of Section 25, Town 2 North, Range 22 East of the Fourth Principal Meridian. From the north line of 41st Street to 45th Street (as laid out east of 22nd Avenue) the base line shall be the east line of said Section 25. From 45th Street to 51st Street, the base line shall be a straight line fourteen and one-half (14½) feet east of and parallel to the west line of the Northwest Quarter of Section 31, Town 2 North, Range 23 East. From 51st Street to 52nd Street, the base line shall be a straight line extending from a point in the center line of 51st Street fourteen and one-half (14½) feet east of the west line of the Northwest Quarter of said Section 31 to the point of intersection of the present west line of 22nd Avenue and the center line of 52nd Street, which point is also the southwest corner of the Northwest Quarter of said Section 31. From 52nd Street to 57th Street, the base line shall be the east line of the Southeast Quarter of Section 36, Town 2 North, Range 22 East. From 57th Street to 61st Street, the base line shall be a straight line extending from the point of intersection of the present center line of 57th Street with the east line of the Southeast Quarter of said Section 36 extending and running to a point in the center line of 61st Street, which point is fifty (50) feet east of the present west line of 22nd Avenue. From 61st Street to 63rd Place, the base line shall be a straight line fifty (50) feet east of and parallel to the present west line of 22nd Avenue. From 63rd Place to the present center line of 64th Street, the base line shall be a straight line extending from a point forty (40) feet due east of the point of intersection of the west line of 22nd Avenue and the north line of Roosevelt Road and running to the point of intersection of the present center line of 22nd Avenue with the center line of 64th Street. From 64th Street to 75th Street, the base line shall be the present center line of said major street.

From 75th Street to the most southern corporate limits of the City of Kenosha, the base line shall be the east line of Sections 12 and 13, Town 1 North, Range 22 East.

3.

27th Street, from the west line of 22nd Avenue to the east line of 30th Avenue, the base line shall be the present center line of said major street.

4.

30th Avenue, from the most northern end of the present street, insofar as it abuts or lies within the corporate limits of the City of Kenosha, to the southeast corner of the Northwest Quarter of Section 13, Town 2 North, Range 22 East, the base line shall be the present center line of said major street. From the southeast corner of the Northwest Quarter of Section 13, Town 2 North, Range 22 East to the southeast corner of the Northwest Quarter of Section 25, Town 2 North, Range 22 East, the base line shall be the section line in said major street. The base line shall be a straight line extending from the southeast corner of the Northwest Quarter of Section 25, Town 2 North, Range 22 East, to a point where a line 318.8 feet south of the south line of 41st Street intersects a line twenty-six (26) feet east of the present west line of 30th Avenue. On a line parallel to the south line of 41st Street, 318.8 feet south of the south line of said street, the base line shall begin at a point three (3) feet east of the present center line of 30th Avenue and extend to a point where this line intersects the south line of the Northeast Quarter of Section 36, Town 2 North, Range 22 East (center line of 52nd Street). The base line from the south line of the Northeast Quarter of said Section 36 (center line of 52nd Street) shall be the present center line of 30th Avenue to a point where this line intersects the center line of Roosevelt Road. From the center line of Roosevelt Road to the center line of 80th Street, the base line shall be the section line in said major street. From the center line of 80th Street to the most southern corporate limits of the City of Kenosha, insofar as 30th Avenue abuts or lies within said corporate limits, the base line shall be the present center line of said major street.

5.

35th Street, from the west line of 22nd Avenue to the east line of 30th Avenue, the base line shall be the present centerline of said major street as laid out and dedicated to the public use.

6.

39th Avenue, from the most northern corporate limits of the City of Kenosha, insofar as it abuts or lies within said corporate limits, to Roosevelt Road the base line shall be the present center line of said major street. From Roosevelt Road to the most southern corporate limits of the City of Kenosha, insofar as 39th Avenue abuts or lies within said corporate limits, the base line shall be the section line in said major street.

7.

Roosevelt Road, the base line shall be the present center line of said major street.

8.

Washington Road, from the west line of 7th Avenue to the east line of the Southeast Quarter of Section 25, Town 2 North, Range 22 East, the base line shall be the present center line of said major street. Beginning at the intersection of the present center line of Washington Road and the east line of the Southeast Quarter of said Section 25, said point of beginning being 400.32 feet (S 2° 7' 39" E) from the northeast corner of said Quarter, the base line shall be (N 70° 13' 29" W) along the said present center line of Washington Road, 557.94 feet, thence (N 72° 08' 36" W) five hundred six and ninety-one hundredths (506.91) feet to a point of curvature, thence northwesterly along the arc of a circular curve that is concave southwesterly 439.25 feet, said curve having a radius of 1,456.07 feet, a central angle of (17° 17' 03") and a chord which bears (N 80° 41' 07.5" W) a distance of 437.58 feet and to the East-West Quarter line of said Section 25; thence (N 89° 25' 39" W) along said East-West Quarter line, 1,256.47 feet to the center of said Section 25, Town 2 North, Range 22 East; thence continuing along said East-West Quarter line to the most western corporate limits of the City of Kenosha, insofar as Washington Road abuts or lies within said corporate limits.

9.

45th Street, the base line shall be the Section line in said major street.

10.

50th Street, the base line shall be the present center line of the street.

11.

52 ^nd Street, the base line shall be: from 6 ^th Avenue to the center line of State Highway 31, the base line shall be the section line in said major street; from the center line of State Highway 31, to the center line of 88 ^th Avenue, the base line shall be the present center line of said major street; from the center line of 88 ^th Avenue to the most western end of the present street, the base line shall be the section line in said major street.

12.

56th Street, the base line shall be the center line of the original street.

13.

60th Street, the base line shall be the section line in said major street.

14.

63rd Street, the base line shall be the present center line of said major street.

15.

75th Street, the base line shall be the section line in said major street.

16.

State Highway Number 31, the base line shall be the present center line of said major street.

B.

Extensions of Base Lines on Major Streets Due to Annexations. The base lines on any major street, as designated under Section 5.01.A. of this Ordinance, shall be extended as described in Section 5.02.A. of this Ordinance, to include any continuation of such major street or parts thereof which results from any annexations to or consolidations with the City subsequent to the effective date of this Ordinance.

A.

Setbacks. On the major streets herein designated, the setback lines shall be as follows, measured from the base lines herein designated:

1.

Sheridan Road, from the most northern corporate limits of the City of Kenosha south to 75th Street, the setback line shall be forty (40) feet. From 75th Street south to 83rd Street, the setback line shall be fifty (50) feet. From 83rd Street to 85th Street, the setback line shall be fifty (50) feet on the west side of the base line and on the east side, the setback line shall taper from fifty (50) feet east of the base line at 83rd Street to seventy (70) feet east of the base line at 85th Street. From 85th Street south to the most southern corporate limits of the City of Kenosha, the setback line shall be seventy (70) feet.

2.

22nd Avenue, from the most northern end of the present major street, insofar as it abuts or lies within the corporate limits of the City of Kenosha, to Washington Road, the setback line shall be forty (40) feet east and west from the base line. From Washington Road to the north line of 41st Street, the west setback line shall be a straight line beginning at a point forty (40) feet west of the base line at the intersection of the center line of Washington Road with said base line, extending to a point forty-five (45) feet west of the base line at the intersection of the north line of 41st Street with the base line of 22nd Avenue; and the east setback line shall be a line beginning at a point forty (40) feet east of the base line at the intersection of the center line of Washington Road with the base line of 22nd Avenue, extending to a point thirty-five (35) feet east of the base line at the intersection of the north line of 41st Street with the base line of 22nd Avenue. From the north line of 41st Street to 45th Street, the west setback line shall be forty-five (45) feet west of the base line, and the east setback line shall be thirty-five (35) feet east of the base line. From 45th Street to 52nd Street the setback line shall be forty (40) feet east and west from the base line. From 52nd Street to 55th Street, the west setback line shall be twenty-five (25) feet west of the base line and the east setback line shall be forty (40) feet east of the base line. From 55th Street to the most southern corporate limits of the City of Kenosha, the setback line shall be forty (40) feet east and west from the base line.

3.

27th Street, the setback line shall be thirty-three (33) feet from the base line.

4.

30th Avenue, from the most northern end of the present street, insofar as it abuts or lies within the corporate limits of the City of Kenosha, to the southeast corner of the Northwest Quarter of Section 25, Town 2 North, Range 22 East, the west setback line shall be forty (40) feet from the base line and the east setback line shall be fifty (50) feet from the base line. From the southeast corner of the Northwest Quarter of Section 25, Town 2 North, Range 22 East to a point 318.8 feet south of the south line of 41st Street the east and west setback lines shall be forty (40) feet from the base line. From a point 318.8 feet south of the south line of 41st Street to the north line of 60th Street, the west setback line shall be fifty (50) feet west of the base line and the east setback line shall be thirty (30) feet east of the base line. From the north line of 60th Street to the north line of Roosevelt Road, the east and west setback lines shall be forty (40) feet from the base line. From the north line of Roosevelt Road to the north line of 80th Street, the east and west setback lines shall be thirty-three (33) feet from the base line. From the north line of 50th Street to the most southern corporate limits of the City of Kenosha, the east and west setback lines shall be fifty (50) feet from the base line.

5.

35th Street, the setback line shall be thirty-three (33) feet from the base line.

6.

39th Avenue, the setback line shall be forty (40) feet from the base line.

7.

Roosevelt Road, the setback line shall be fifty (50) feet from the base line.

8.

Washington Road, from the west line of 7th Avenue, to a point on the East-West Quarter line of Section 25, Town 2 North, Range 22 East, said point being 667.15 feet west (N 89° 26' 52" W) of the center of said Section 25, the setback line shall be fifty (50) feet north and south of the base line. From a point on the East-West Quarter line of said Section 25, said point being 667.15 feet west (N 89° 26' 52" W) of the center of said Section 25, to the most western corporate limits of the City of Kenosha, the setback line shall be sixty-five (65) feet north and south of the base line.

9.

45th Street, the setback line shall be thirty-three (33) feet from the base line.

10.

50th Street, the setback line shall be thirty-three (33) feet from the base line.

11.

52 ^nd Street, the setback line shall be: from 6 ^th Avenue to State Highway 31, the setback line shall be fifty (50) feet from the base line; from State Highway 31 to the most western end of the present street, the setback line shall be seventy-five (75) feet from the base line.

12.

56th Street, from the west line of 8th Avenue to the east line of the right-of-way of the Chicago and North Western Railway Company, the setback line shall be 24.75 feet north and 107.25 feet south from the base line. From the west line of the Chicago and North Western Railway Company right-of-way to 22nd Avenue, the setback line shall be as follows: At the west line of the right-of-way of the Chicago and North Western Railway Company, the setback line shall be 24.75 feet north of and 55.25 feet south of the base line. From these points, the setback lines run to points in the center line of 14th Avenue, which points are forty (40) feet either side of the base line. From the center line of 14th Avenue to the east line of 22nd Avenue, the setback line shall be forty (40) feet on either side of the base line.

13.

60 ^th Street, the setback line shall be: from Sheridan Road to State Highway 31, the setback line shall be fifty (50) feet from the base line; from State Highway 31 to the most western end of the present street, the setback line shall be sixty (60) feet from the base line.

14.

63 ^rd Street, the setback line shall be: from Sheridan Road to 22 ^nd Avenue, the north setback line shall be thirty-three (33) feet from the base line, and the south setback line shall be sixty-seven (67) feet from the base line.

15.

75th Street, from the west line of 3rd Avenue to the east line of 41st Avenue the setback line shall be forty (40) feet from the base line except on the north side of the street between 30th and 31st Avenues where the setback line shall be 49.5 feet from the base line. From the east line of 41st Avenue to the west line of Pershing Boulevard (Stahl and Farrell Boulevard Additions the setback line on the north side of the street shall be forty (40) feet from the base line, which line is the present existing right-of-way line, and the setback line on the south side of the street shall be eighty (80) feet, said eighty (80) feet being measured perpendicular to the base line and one hundred twenty (120) feet south from the southeast corner of lot numbered 65 of the aforesaid "Stahl and Farrell Boulevard Addition."

From the west line of Pershing Boulevard westerly, the setback line on the north side of the street shall be a straight line extending westerly six hundred nine (609) feet from a point forty (40) feet from the base line at the west line of Pershing Boulevard to a point that is sixty-three (63) feet from the base line; the setback line on the south side of the street shall be a straight line extending westerly two hundred seventy-two (272) feet from a point eighty (80) feet from the base line and one hundred twenty (120) feet south from the southeast corner of the aforesaid lot 65, to a point that is 71.14 feet south from the base line.

From a point six hundred nine (609) feet west of the west line of Pershing Boulevard to the west line of the Southeast Quarter of Section 2, Town 1 North, Range 22 East, the setback line on the north side of the street shall be sixty-three (63) feet. From a point two hundred seventy-two (272) feet west of a point one hundred twenty (120) feet south from the southeast corner of the aforesaid lot 65, westerly to the west line of the Northeast Quarter of Section 11, Town 1 North, Range 22 East, the setback line on the south side of the street shall be 71.14 feet. From the west line of the Southeast Quarter of Section 2, Town 1 North, Range 22 East, to the west line of the Southwest Quarter of Section 2, Town 1 North, Range 22 East, the setback line on the north side of the street shall be the existing right-of-way line on said major street. From the west line of the Northeast Quarter of Section 11, Town 1 North, Range 22 East, to the west line of the Northwest Quarter of Section 11, Town 1 North, Range 22 East, the setback line on the south side of the street shall be the existing right-of-way line on said major street. From the west line of the Southwest Quarter of Section 2, Town 1 North, Range 22 East, to the west line of the Southeast Quarter of Section 3, Town 1 North, Range 22 East, the setback line on the north side of the street shall be seventy-six (76) feet. From the west line of the Southeast Quarter of Section 3, Town 1 North, Range 22 East, westerly to the center line of State Highway Number 31, the setback on the north side of the street shall be a straight line extending westerly from a point on the west line of the Southeast Quarter of Section 3, Town 1 North, Range 22 East which is seventy-six (76) feet north from the base line to a point on the center line of State Highway Number 31, said point being ninety (90) feet northerly along said center line from the intersection of said center line with the base line of 75th Street. From the Northwest Quarter of Section 11, Town 1 North, Range 22 East, to the center line of State Highway Number 31, the setback line on the south side of the street shall be ninety (90) feet. From the center line of State Highway Number 31 to the most western corporate limits of the City of Kenosha, the setback line on both sides of the street shall be determined upon annexation to or consolidation with the City of Kenosha.

16.

State Highway Number 31, the setback line shall be ninety (90) feet from the base line.

B.

Extensions of Setback Lines on Major Streets Due to Annexations. The setback lines on any major street as designated under Section 5.03.A. of this Ordinance, shall be extended to include any continuation of such major street or parts there of which results from any annexations to or consolidations with the City of Kenosha subsequent to the effective date of this Ordinance. Such continuation of the setback line on any major street shall extend to any new corporate limits established by such annexation or consolidation as described in Section 5.01.B. of this Ordinance, and shall be measured from the base lines as described in Section 5.02.A. of this Ordinance.

A.

Intent. Prior to enactment of this Section 5.04 there existed a prohibition on any construction of an encroaching structure to be located between the street right-of-way and the setback line of any major street. It is the intent of this Section 5.04 to allow limited construction of what would otherwise have been a prohibited encroaching structure within that area between the street right-of-way and the setback line of any major street, subject to conditions and consistent with the general purpose stated in Sections 1.03 and 1.04 of the Zoning Ordinance.

B.

Exemption. Fences and signs constructed or erected pursuant to all applicable, valid permits are exempt from the prohibitions on locating structures between the street right-of-way and the setback line of a major street.

C.

Conditions Necessary to Grant the Special Exception. Construction of the encroaching structure within the area located between the right-of-way in a major street and the setback line of any major street, which construction is prohibited by other provisions of this Zoning Ordinance, may be allowed as a special exception by the Common Council subject to the following conditions:

1.

A joint application for the special exception must be signed by all of the fee title owners to the property, who will hereinafter be collectively termed "applicant," containing the following:

a.

Scale drawings in plan view and appropriate elevation views of the encroaching structure; the plan view must show the location of the encroaching structure on the property, specifically showing dimensions with respect to other existing and proposed structures on the property and the adjacent setback lines of a major street; nevertheless, the filing of drawings required herein does not obviate the need to provide other drawings associated with a review of a conditional use permit application, a site plan review, a building permit, or other required permit;

b.

A statement in a form that is legally enforceable by the City through injunctive relief that the encroaching structure will be built according to the drawings, and once constructed, with the exceptions of the removal of the entirety of the structure or a modification approved by the City Plan Commission to the exterior of the structure, the applicant will not allow modifications to the exterior of the encroaching structure;

c.

A deed restriction in the form attached to and incorporated into the application, addressing those issues required in paragraph B.2; and

d.

Evidence of payment by the applicant to the City Clerk of a special exception application fee, the amount of which fee having been established by the Common Council from time to time by resolution, to cover the cost of processing the application and recording the deed restriction.

2.

A deed restriction in recordable form that has been approved by the Office of the City Attorney, that has been executed by the applicant, and that contains provisions addressing the following:

a.

The deed restriction is for the benefit of the City of Kenosha, is enforceable by the City, and may only be released by the City of Kenosha;

b.

the applicant and subsequent property owners will not allow modification to the exterior of the encroaching structure, unless the modification is removal of the entirety of it or unless the modification is approved by the City Plan Commission;

c.

The applicant and subsequent property owners will not allow an occupiable space to be created below the grade of the encroaching structure;

d.

the applicant and subsequent property owners will not allow sanitary sewer and/or water service to be provided to any portion of the encroaching structure; and

e.

As one (1) of the purposes of prohibiting construction of an encroaching structures in the area between the right-of-way and the setback line to a major street is to minimize the cost to the public for ultimate expansion of the major street, the deed restriction will require that within thirty (30) days of notification by the City through any means of service of process recognized by then-prevailing Wisconsin law to the fee title owner of the property at the time of the notice that the major street will be widened, the fee title owner of the property will remove the encroaching structure without cost to the City; moreover, should the applicant or their successors-in-interest otherwise be entitled to compensation for other structures or lost business for enforcement of an eminent domain right, the applicant and their successors-in-interest waive compensation for any damages associated with the encroaching structure, such waiver shall specifically include costs for the use, lost business, or relocation of the encroaching structure.

3.

Such other conditions that the Common Council deems necessary.

D.

Grant of Special Exception. In its consideration of whether to grant the special exception, the Common Council must:

1.

Hold a public hearing whereby the Common Council may hear from the applicant and the public;

2.

Consider the reports of the Police Department, Fire Department, the Department of Public Works, and the Department of City Development as to the propriety of the construction of the proposed encroaching structure;

3.

The recommendations made by the City Plan Commission within forty-five (45) days of referral to it regarding the propriety of the encroachment, the sufficiency of the deed restriction, and/or other factors the Commission deems should be considered by the Common Council; and

4.

Have determined to accept the language of the deed restriction, either as proposed by the applicant or as amended by the Common Council.

E.

Conditions Subsequent to the Grant of the Special Exception. Prior to the issuance of the special exception and prior to the issuance of any required building permit for construction of the encroaching structure, the executed deed restriction with the language accepted by the Common Council must be recorded with the Register of Deeds.