Lake Geneva City Zoning Code
ARTICLE 4
Bulk Regulations 1
Sec. 98-401 Purpose.
[1-19-2022]
The purpose of this article is to indicate the requirements for building location and bulk in both residential and nonresidential developments. The provisions of this article interact closely with the provisions of Article 3, Density and Intensity Regulations.
Sec. 98-402 Residential bulk standards.
[1-19-2022; amended 11-11-2024 by Ord. No. 24-19]
(1)
All residential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used. Table 98-203 and Table 98-304 relate each use with each zoning district. Table 98-402, below, presents the standards for residential bulk regulations.
Sec. 98-403 Nonresidential bulk standards.
[1-19-2022]
All nonresidential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used. Table 98-203 and Table 98-305 relate each use with each zoning district. The following table, 98-403, presents the standards for nonresidential bulk regulations.
Table 98-403: City of Lake Geneva Nonresidential Bulk Standards | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Zoning District | Min Lot Area (square feet) | Min Lot Width (feet) | Minimum Setbacks | Min Bldg. Separation (feet) | Max Bldg. Height (feet) | |||||
Front/Street (feet) | Side From | Rear (feet) | Side/Rear From Acc (feet) | Pavement (feet) | ||||||
Res (feet) | Nonres (feet) | |||||||||
Rural Holding1 | 40,0002 | 100 | 35/40 | 50 | 50 | 50 | 50 | 5/106 | 100 | 35 |
Country-side Res-5ac1 | 40,0002 | 100 | 25/40 | 30 | 30 | 30 | 3/55 | 5/106 | 60 | 35 |
Estate Resi-dential-11 | 40,0002 | 100 | 25/40 | 30 | 30 | 30 | 3/55 | 5/106 | 60 | 35 |
Single-Family Res-31 | 40,0002 | 100 | 25/40 | 10 | 10 | 30 | 3/55 | 5/106 | 20 | 35 |
Single-Family Res-41 | 40,0002 | 100 | 25/40 | 6 | 6 | 30 | 3/55 | 5/106 | 12 | 35 |
Two-Family Res-61 | 40,0002 | 100 | 25/40 | 6 | 6 | 30 | 3/55 | 5/106 | 12 | 35 |
Multi-family Res-81 | 40,0002 | 100 | 25/40 | 10 | 10 | 30 | 3/55 | 5/106 | 20 | 35 |
Neighbor-hood Office | 9,000 | 75 | 25/40 | 6 | 6 | 30 | 3/55 | 5/106 | 12 | 35 |
Planned Office | 20,000 | 100 | 25/40 | 10 | 0/104 | 30 | 3/55 | 5/106 | 0/204 | 45 |
Neighbor-hood Business | 9,000 | 75 | 25/40 | 6 | 6 | 30 | 3/55 | 5/106 | 12 | 35 |
Planned Business | 20,000 | 100 | 25/40 | 10 | 0/104 | 30 | 3/55 | 5/106 | 0/204 | 45 |
General Business | 9,000 | 75 | 25/40 | 6 | 0/104 | 25 | 3/55 | 5/106 | 12, 0/204 | 35 |
Central Business | 1,750 | 20 | Maximum setback of 0 feet or block average, except per Plan Comm. as a component of site design. Side yard is 10 feet from residential | 10 | 3/55 | 06 | Max = 0 except per Plan Comm. | 45; min = 20 except per Plan Comm. | ||
Planned Industrial | 40,0002 | 2003 | 25/40 | 30 | 15 | 30 | 3/55 | 5/106 | 30 | 35 |
General Industrial | 9,000 | 75 | 25/40 | 50 | 20 | 30 | 3/55 | 5/106 | 40 | 35 |
Heavy Industrial | 9,000 | 100 | 25/40 | 50 | 20 | 40 | 3/55 | 5/106 | 40 | 45 |
Planned Business Park | ||||||||||
1 | Bulk requirements for institutional uses, such as churches and schools, in agricultural and residential districts. |
2 | May be reduced to 20,000 square feet with a conditional use permit. |
3 | May be reduced to 100 feet with a conditional use permit. |
4 | Zero feet where property line divides attached buildings. |
5 | Accessory buildings shall be three feet from the property line; five feet from an alley. |
6 | Five feet from side and rear lot lines, except where modified along district boundary by required buffer yard; see Section 98-610. Ten feet from front or street line. |
Sec. 98-404 Yard setback adjustments.
[1-19-2022]
(1)
Front yard setback adjustment.
(a)
For lots located adjacent to a street with an officially mapped or existing right-of- way equal to or exceeding 100 feet, 40 feet of setback is required to address anticipated future conditions of noise and air quality.
(b)
The required front yard setback for any use may be reduced for a principal structure on any lot where more than 50% of the same type of principal structure on the same block face or street face do not meet the required front yard setback. In such instances, the required front yard setback for the proposed structure shall be the average of all the adjoining same type principal structures on said block face or street face.
(c)
In order to preserve and maintain the character of established neighborhoods within the City of Lake Geneva, which are typified by front yard setbacks substantially in excess of the minimum required front yard setback, the following regulation shall apply. On block faces with an average front yard setback more than five feet over the minimum required front yard setback shall be increased to the average of the adjoining same type principal structures on said block face or street face.
Sec. 98-405 Intrusions into required yards.
[1-19-2022; amended 11-11-2024 by Ord. No. 24-17; 7-28-2025 by Ord. No. 25-12]
The minimum setback requirements of Sections 98-402 and 98-403 establish the minimum required yards for all uses, except those exempted by the provisions of this section.
(1)
No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.
(2)
No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.
(3)
In instances where the required buffer yard width (per Section 98-610) exceeds the minimum required setback width, the minimum required buffer yard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required buffer yard.
(4)
Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards:
(a)
Permitted intrusions into required front or street yards.
1.
Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings, provided they do not extend more than two and one-half feet into the required yard.
2.
Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of Section 98-707 and provided they do not locate closer than five feet from the front or street property line.
3.
Terraces, steps, uncovered porches, attached decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance, provided they do not locate closer than 20 feet from any street right-of-way.
4.
Fences on residential or nonresidential lots which do not exceed three feet in height, provided they do not locate closer than two feet to any street right-of-way. Permitted fence types shall comply with the provisions of Section 98-720, Subsection (3).
(b)
Permitted intrusions into required rear or side yards.
1.
Sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings, provided they do not extend more than two and one-half feet into the required yard.
2.
Fences may locate on the property line. Permitted fence types shall comply with the provisions of Section 98-720.
3.
Fire escapes (on residential buildings) which do not extend more than three feet into the required yard.
(5)
All front yard and street yard areas. With the exception of fences, or as provided on lakeshore lots under Section 98-409, no accessory structures shall be permitted within any portion of a front yard or street yard.
Sec. 98-406 Exceptions to maximum height regulations.
[1-19-2022]
(1)
Permitted exceptions to maximum height regulations.
(a)
The maximum height regulations listed for residential uses and residential accessory structures in Section 98-402, and for nonresidential uses and nonresidential accessory structures in Section 98-403, are the maximum permitted heights for all buildings and structures, except those exempted by this section, below.
(b)
The following are permitted to exceed the maximum height regulations by 10 feet, within any district where permitted: church spires, belfries, cupolas and domes which do not contain usable space, public monuments, water towers, fire and hose towers, flagpoles, chimneys, smokestacks, cooling towers, and elevator penthouses. Such uses may exceed said maximum by more than 10 feet with the approval of a conditional use permit.
(c)
Any building or structure not otherwise accounted for by Subsection (1)(b), above, may exceed said maximum height regulations with the granting of a conditional use permit which specifically states the maximum permitted height of the proposed building or structure.
Sec. 98-407 Substandard lot regulations.
[1-19-2022]
(1)
Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum zoning district area requirements of Section 98-304 or the minimum lot area requirements of Section 98-305, or which does not meet the lot dimension requirements of Sections 98-402 or 98-403.
(2)
A legal lot of record existing upon the effective date of this chapter in a residential district (see Section 98-102), which does not meet the minimum zoning district area of Section 98-304 or the minimum lot area (MLA) requirements of Section 98-305 or which does not meet the lot dimension requirements of Sections 98-402 or 98-403 may be utilized for a detached single-family dwelling unit, provided the measurements of such dimensions are equal to or greater than 70% of the requirements of this chapter. Said lot shall not be more intensively developed (with multifamily or nonresidential uses) unless combined with one or more abutting lots (or portions thereof) so as to create a lot which meets the requirements of this chapter.
(3)
Use of SR-4 zoning standards in the ER-1 Zoning District.
(a)
Existing legal lots of record that are now substandard in any way, and that are zoned ER-1 shall be considered as legal substandard lots. For new dwellings, building additions, structures, or paved areas on such lots, a conditional use permit may be sought to enable the granting of permission to use only the following requirements of the SR-4 District: maximum building coverage, minimum lot width, minimum lot frontage, minimum front or street setback lot line to house, minimum front or street setback lot line to garage, minimum side setback lot line to house, minimum total of both side setbacks to house/garage, minimum rear setback lot line to house or garage, minimum side setback lot line to accessory structure, minimum rear setback lot line to accessory structure, minimum paved surface setback, and minimum building separation. The requirements for minimum lot area in the SR-4 District may not be used to create a greater number of lots, but may be used to reconfigure lot lines to preserve or reduce the current number of lots so long as all other applicable requirements, listed above, are met. (See also Section 98-409 for lots abutting Geneva Lake.) (Section 98-905 for Conditional Use procedures.) For this particular type of conditional use permit request, a fee of $100 shall be imposed.
(b)
For any development proposing to reduce the existing landscape surface ratio, all of the following additional requirements shall apply:
1.
The project shall submit a complete stormwater management plan and calculations for City Engineer review and comment which shall be submitted to the Plan Commission as part of the Commission's conditional use review, including a grading and erosion control plan and on-site stormwater management improvements that ensure full compliance with the City's stormwater quality and quantity standards.
2.
The use of pervious materials, rain gardens, bioswales and other on-site features as determined by the City Engineer to actively improve the quality and reduce the quantity of the stormwater leaving the site compared to current conditions.
3.
The City may apply specific stormwater management requirements in addition to the requirements of Section 78-247 of the Municipal Code, for development in the ER-1 Zoning District that proposes less than a 60% landscape surface ratio, as enabled by Subsection 78-247(h)(7), Additional requirements.
(4)
For lots abutting Geneva Lake: see also, Section 98-409, Lakeshore lots, and Section 98-505, Lakeshore Overlay Zoning District.
Sec. 98-408 Nonconforming structure and building regulations.
[1-19-2022]
(1)
The following section shall apply to all structures in the City except in the following circumstances:
(a)
The structure did not legally exist at the time of adoption.
(b)
The structure is subject to legal proceedings.
(c)
The structure is subject to a court order to the contrary of this section.
(d)
Federal, state and city floodplain, wetland and shoreland-wetland regulations shall control in case of a conflict.
(2)
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to any structure lawfully existing upon passage of this chapter. After said date, structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under Section 98-910.
(a)
This subsection is intended to eliminate the continued classification and/or the creation of structures as nonconforming subject to the requirements of this chapter. This provision addresses two different situations.
1.
Any structure erected prior to the adoption of zoning that does not meet some or all of the bulk or intensity requirements of this chapter.
2.
In some instances, this chapter establishes new bulk or intensity requirements that existing legal structures under the previous zoning ordinance do not meet.
(b)
This section therefore ensures that owners of such structures legally established prior to passage of this chapter do not encounter difficulty because the structures would otherwise be considered nonconforming.
(3)
Rationale. The "blanket conforming status" provision of Subsection (2), above, is intended to eliminate the continued classification and/or creation of certain principle structures as nonconforming within the jurisdiction of this chapter. This provision addresses two different situations. First: prior to the provision of full-time inspection services, a number of structures were approved in the City of Lake Geneva that did not meet setback requirements. Second: this chapter requires greater side yard setback requirements for certain lot sizes than did previous regulations for similar sized lots. The adoption of the provisions of Subsection (2), above, ensure that structures approved prior to the adoption of this chapter do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming structures. This "blanket conforming status" is not available for accessory structures.
(4)
Any structure or building lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as hereafter specified.
(5)
Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.
(6)
All maintenance of a nonconforming structure or building is permitted, including necessary structural and nonstructural repairs and incidental alterations which do not create, extend, enlarge, or intensify the nonconforming parts of the structure or building.
(7)
After the effective date of this chapter, structures shall not be permitted to enlarge, expand or extend without the enlargement, expansion or extension complying with the provisions of this article unless a variance is granted by the Board of Zoning Appeals per the requirements of Section 98-910. Vertical expansions above existing nonconforming portions of a building and within the maximum permitted height requirement may be permitted with the approval of a conditional use permit, so long as no portion of the vertical expansion exceeds a current nonconforming setback.
(8)
Alterations may be made to a building containing lawful nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building, except that a conforming garage may be added if none previously existed.
(9)
Destruction and reconstruction. A damaged, destroyed, or removed structure may be restored to the size, location, design and use that it had immediately before the damage, destruction, or removal occurred without any limits on the costs of the repair, reconstruction, or improvement if either Subsection (9)(a) or (b), below, apply. The burden of proof in regard to the location, dimensions, configuration, and exterior building materials of the damaged or removed structure shall be upon the property owner to demonstrate prior to the issuance of a building permit.
(a)
The structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other act identified by § 62.23(7), Wis. Stats., on or after March 2, 2006.
(b)
The structure was damaged, destroyed, removed, or partially removed by other means on or after the effective date of this chapter.
(10)
Intentional removal and replacement.
(a)
If 50% or more of the total floor area of a structure is intentionally removed by the property owner, the replacement structure must meet the requirements of this chapter unless a variance is granted under Section 98-910.
(b)
If less than 50% of the total floor area of a structure is intentionally removed by the property owner, it may be restored to the previous footprint, floor area and height.
(c)
Existing garages, decks, and porches may be replaced in their entirety to the previous footprint, floor area and height.
(11)
A legal, nonconforming garage may be enlarged or replaced, provided the following requirements are met:
(a)
That the proposed garage replacement or addition does not encroach farther into required setback(s) than the current legal, nonconforming structure.
(b)
That the proposed garage replacement or addition does not locate closer to an existing residence on an adjacent parcel than the sum of the required garage setback (on the subject property) and the required house setback (on said adjacent parcel).
(c)
And that precautions (determined on a case-by-case basis by the Building Inspector) are taken to reduce the possibility of fire damage to nearby structures.
Sec. 98-409 Lakeshore lots.
[1-19-2022]
(1)
New development, including buildings, building additions, structures, and pavement on lakeshore lots, shall comply with the requirements of the Lakeshore Overlay Zoning District, Section 98-505.
(2)
With the exception of fences, which are permitted per the requirements of Section 98-720, any new accessory structure proposed to be located, in whole or in part, closer to the lakeshore than the principal structure on the lot may only be approved through the conditional use process, Section 98-905.
(3)
With the exception of fences, which are permitted per the requirements of Section 98-720, no new accessory structure may be located, in whole or in part, within the required front yard or street yard setback for the principal structure on the lot, as required in Section 98-402 for residential uses, or Section 98-403 for nonresidential uses, except as approved through the conditional use process, section 98-905.
(4)
Accessory structures existing prior to the adoption date of this section may be maintained in their original location and configuration as legal, nonconforming structures, but shall not be enlarged or replaced except by new accessory structures that comply with all requirements of this chapter.
(5)
In the area within 100 feet of the ordinary high water mark (OHWM), or, if a greater distance, between the Biagi Line and the OHWM and/or between the OHWM and the tangent connecting the closest lakeside corner of the principal building and on the adjacent lot on each side of the subject property, the following provisions shall apply to any new development activity including buildings, structures, and paved areas:
(a)
The setback of any new development, including buildings, structures, and paved areas, shall not be closer to the OHWM than the current setback of the same or similar buildings, structures, and paved areas.
(b)
The area of building coverage shall not be increased.
(c)
The area of structure coverage shall not be increased.
(d)
The area of impervious surface shall not be increased.
(e)
The area devoted to landscaping and other pervious surfaces shall not be decreased, and the requirements of Section 98-505 shall be met.
(f)
Vertical expansion of any legal conforming principal building existing prior to adoption date of the 1998 Zoning Code is permitted up to the maximum height limits of the zoning district.
(6)
A requirement for the vesting of every land division, site plan, conditional use permit, and planned development issued on every parcel adjacent to the OHWM shall be the dedication of a pedestrian easement for the Geneva Lake Shore Path for every portion of the Shore Path corridor located on the subject property, per the review and approval of the City Attorney. Upon the proof of recording the City-approved easement by the property owner, the Zoning Administrator may issue the applicable development permit(s).
(8)
The City may apply specific stormwater management requirements in addition to the requirements of Section 78-247 of the Municipal Code for additional development on a lakefront lot, as enabled by Subsection 78-247(h)(7), Additional requirements.
Sec. 98-410 Substandard lot regulations.
[1-19-2022]
(2)
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this chapter. This subsection ensures that lots approved and created prior to the adoption of this chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard.
(3)
After the effective date of this chapter, no lot shall be created which does not meet the density, intensity, and bulk requirements of the zoning district.
(4)
A lot of record existing upon the effective date of this chapter in any zoning district, which does not meet the minimum lot area, width, and frontage requirements for the zoning district, may be utilized for new or modified development, provided that such development complies with all of the density, intensity, and bulk regulations for that zoning district.
Except for out-lots that received variances prior to the effective date of this chapter, this section shall not apply to out-lots without access to a public right-of-way that existed prior to the effective date of this chapter since they are not intended for development.
This chapter shall take effect upon passage and publication as provided by law.