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Mayville Dodge County
City Zoning Code

ARTICLE VII

Special Exception Overlay District

§ 430-55 Intent; findings.

The Special Exception Overlay District is established to provide a procedure to regulate structural modifications and additions within the district. The Special Exception Overlay District boundaries have been established by locating residential lots that were platted for the most part prior to the 1960's. It was common at that time to have lots 66 feet wide or less. Home construction often incorporated a two-story structure on a relatively narrow lot, frequently without a garage.
A. 
As uses of these homes today often involve the need for additional garage space and other additions to the home itself, property owners found that the limited lot area in the older areas of the City necessitated that variances be granted for many of their proposed projects.
B. 
In order to address these needs the special exception procedure will eliminate many of the variance requests. This process will incorporate flexibility into this chapter for the areas described, encourage neighborhood-sensitive decisions, and encourage input from neighbors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
This article is not to be used for the granting of exceptions to the permitted or conditional use provisions of the underlying zoning district.

§ 430-56 Criteria for approval.

As a basis for determining the acceptability of a special exception, the property shall be used as a one- or two-family dwelling, be located within the designated special exception district, not be a self-created problem, and have one or more of the following exceptional conditions:
A. 
Narrow lot: 66 feet in width or less.
B. 
Shallow lot: 100 feet or less lot depth.
C. 
Small lot: 7,000 square feet or less.
D. 
Nonconforming structure placement on the lot or nonconforming structure placement on an adjacent lot.
E. 
Nontypical adjacency to abutting property, e.g.:
(1) 
Side or rear yard adjacent to a public right-of-way.
(2) 
Side yard adjacent to the rear yard of another parcel.
F. 
Significant vegetation or topography that makes compliance with setback requirements difficult, e.g.:
(1) 
Mature trees limit buildable lot area; and
(2) 
Steep slopes or drainageways make compliance difficult without impacting neighbors.
G. 
Lot geometry: irregular shape.
H. 
Legal restrictions: presence of recorded easements or deed restrictions on the lot.

§ 430-57 Yard requirements.

A. 
Street yard minimum: 25 feet.
B. 
Side yard minimum: six feet.
C. 
Rear yard minimum: 15 feet.
D. 
Where provisions contained elsewhere in this chapter are less restrictive (such as side yard setbacks for detached garages in the rear yard being three feet), the less restrictive provision shall apply.

§ 430-58 Procedure for obtaining special exception.

A. 
The Zoning Board of Appeals shall be responsible for hearing and granting or denying special exceptions.
B. 
The same procedure as is required for variances and outlined in Article XIX of this chapter is required, except that the Zoning Board of Appeals may act on special exceptions without the recommendation of the Plan Commission and need not make the findings required by § 430-138A and B.

§ 430-59 Location of district.

The Special Exception Overlay District applies to one- or two-family dwellings located within the area as shown on the accompanying map dated September 5, 1996.[1]
[1]
Editor's Note: The map is on file the City Clerk's office.