Mukwonago Village City Zoning Code
ARTICLE VI
Modifications to Building Permit Requirements
§ 100-451 Generally.
[Ord. No. 572, § I(9.1401), 2-6-1996]
The Village Zoning Administrator, in reviewing building permits, may grant modifications to the terms of this chapter as provided herein.
§ 100-452 Height.
[Ord. No. 572, § I(9.1402), 2-6-1996]
(a)
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1)
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(2)
Special structures, such as elevator penthouses, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from height limitation of this chapter.
(3)
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4)
Communication structures, such as commercial radio and television transmission and relay towers, and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5)
Agricultural structures, such as barns and silos, shall not exceed in height twice their distance from the nearest lot line.
(6)
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries and 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.
§ 100-453 Yards.
[Ord. No. 572, § 1(9.1403), 2-6-1996]
(a)
The yard requirements set forth in this chapter may be modified at the option of the Village as follows:
(1)
Uncovered stairs, landings and fire escapes may project into any yard but shall not exceed six feet nor be closer than three feet to any lot line.
(2)
Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projections shall not exceed two feet.
(3)
Fences are permitted accessory uses in any district and may be erected with a permit, provided that fences shall comply with the following requirements:
a.
Barbed wire, wire mesh and electrical fences are prohibited in the Village of Mukwonago except in the A-1 agricultural district. Agricultural fences are permitted adjacent to the lot line and shall not exceed three feet in height in the street yard or six feet in height in the side yard or rear yard. Permits for fences in excess of three feet in height shall be reviewed by the board of zoning and building appeals.
b.
Residential and business fences are permitted adjacent to the lot line in the side and rear yards of residential and business districts but shall not exceed a height of six feet and shall not extend into the street yard. Permits for fences in excess of three feet in height shall be reviewed by the board of zoning and building appeals.
c.
Ornamental fences, as defined in § 100-29, are permitted adjacent to the lot line in any district but shall not exceed a height of three feet nor a length of more than 24 feet total when located in the street yard. Ornamental fences shall comply with the traffic visibility requirements set forth in § 100-401. Permits for any fence in excess of 24 feet in length in the street yard or exceeding three feet in height shall be reviewed by the board of zoning and building appeals. The permit fee for an ornamental fence shall be $5.
d.
Security fences are permitted adjacent to the property lines in manufacturing districts but shall not exceed 10 feet in height. Security fences shall comply with the traffic visibility requirements set forth in § 100-401. Permits for security fences shall be reviewed by the board of zoning and building appeals.
(4)
Accessory uses and detached accessory structures, such as garden or utility sheds, may be placed or erected in the rear yard, provided that no single accessory structure shall exceed 144 square feet in area; no structure shall be visible from the street; no structure shall be closer than 10 feet to the principal structure; no accessory structure shall exceed 15 feet in height; no accessory structure or accessory structure overhang shall be located closer than three feet to any lot line; and the total of all accessory structures upon the lot shall occupy not more than 20% of the rear yard area.
(5)
Detached private garages may be placed or erected in the rear yard upon the issuance of a building permit, provided that not more than one garage is permitted per dwelling unit; no private garage shall exceed 720 square feet in area; no structure shall be closer than 10 feet to the principal structure; no private garage shall exceed 15 feet in height; no private garage or garage overhang shall be located closer than three feet to any lot line; and the total of all accessory structures shall occupy not more than 20% of the rear yard area.
(6)
Accessory structures and vegetation used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include flagpoles, basketball goals, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers.
(7)
Satellite dish antennas are a permitted accessory use in the rear yard in any district except the B-1 business district and require a building permit. Satellite dish antennas shall be placed not closer than three feet from any lot line or five feet to an alley line, provided that the antenna and its component parts do not exceed 15 feet in height. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be constructed of noncombustible and corrosive-resistant materials, and should be shielded and/or filtered to prevent the emission and/or reflection of electromagnetic radiation that would interfere with radio and television reception on adjacent properties. There shall be not more than one satellite dish antenna on any residential property. No advertising shall be displayed on a satellite dish antenna except for a nameplate, not to exceed one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer.
(8)
Private swimming pools are permitted accessory uses in the rear yard in any residential district (unless within the shoreland-wetland district or the floodplain district), provided that:
a.
All in-ground swimming pools shall be surrounded by a fence not less than five feet nor more than six feet in height to prevent unguarded entry to the pool;
b.
All above-ground swimming pools shall be surrounded by a fence or otherwise protected to prevent unguarded entry to the pool;
c.
Access to swimming pools shall be controlled. Access to in-ground pools shall be controlled by a self-latching gate, and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an above-ground swimming pool, a tip-up ladder may be provided in lieu of a gate;
d.
Swimming pools shall not be constructed directly under or over electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence;
e.
No water drained from a swimming pool shall be discharged onto adjacent properties without written consent of the owner, or onto or into any on-site private sewage system, or directly into a navigable body of water;
f.
No lighting installed around swimming pools shall throw any direct rays onto adjacent properties; and
g.
No private swimming pool shall be located closer than six feet to a lot line;
h.
A building permit shall be required for all private swimming pools.
(9)
Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
§ 100-454 Additions.
[Ord. No. 572, § I(9.1404), 2-6-1996]
Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
§ 100-455 Average street yards.
[Ord. No. 572, § I(9.1405), 2-6-1996]
The required street yard, or setback, may be decreased at the discretion of the Zoning Administrator in any residential district to the average of the existing street yards of the abutting structures on each side, but shall in no case be less than 15 feet.
§ 100-456 Corner lots.
[Ord. No. 572, § I(9.1406), 2-6-1996]
Structures shall provide a front yard setback as required by this chapter on the street that the structure faces as established by this chapter. A second front yard setback shall be the same setback as required in that local district.
§ 100-457 Double frontage lots.
[Ord. No. 572, § I(9.1407), 2-6-1996]
Lots abutting two opposite streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts.
§ 100-458 Existing substandard lots.
[Ord. No. 572, § I(9.1408), 2-6-1996]
A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 5,000 square feet in area, may be used as a single-family building site, provided that the use is permitted in the zoning district, provided that the lot is of record in the county register of deeds office prior to the effective date of this chapter; and provided that the lot is in separate ownership from abutting lands. If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.
§ 100-459 Noise.
[Ord. No. 572, § I(9.1409), 2-6-1996]
Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards set forth in § 100-706 of this chapter.