Saint Francis City Zoning Code
ARTICLE II
General Regulations
§ 455-11 Lot coverage.
All new buildings, structures, and off-street parking and loading areas shall conform to the dimensional regulations set forth in this chapter.
A.
Maintenance of yards and other open spaces. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements of any other building.
B.
Division of lots. No improved lot shall be divided into two or more lots unless all improved lots resulting from each division conform to all applicable regulations of the zoning district in which the property is located.
C.
Location of required open space. All yards and other open spaces allocated to a building shall be located on the same lot as such building.
D.
Required yards for existing buildings. No yard now or hereafter provided for an existing building shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of the district in which it is located.
E.
Permitted obstructions in required yards. The following are not considered obstructions in required yards:
(1)
In all yards: open terraces, steps, chimneys (maximum projection 18 inches), arbors, trellises, flagpoles (maximum height 30 feet), light poles, and fences.
(2)
In front and rear yards: one-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.
(3)
In side yards: overhanging eaves and gutters projecting 18 inches or less into the yard.
§ 455-12 Setback determination.
Base setback lines are hereby established for all streets and highways in the City of St. Francis as follows, unless otherwise specified by action of the Common Council.
A.
Setback from established street and highway right-of-way line. On all streets or highways for which the established width has been designated on the City of St. Francis Official Map and/or subsequent amendments thereto, the base line from which the setback is measured shall be located at a distance from the center line equal to 1/2 such established width. That is, building setbacks are to be measured from the established right-of-way, not from the dedicated right-of-way, the property line, or any other point.
B.
Average front yard setback in areas where less than required front yard setback is provided on neighboring parcels. Where 50% or more of the frontage on one side of a street between two intersecting streets, or for a distance of 600 feet in each direction from the lot being considered, is developed with buildings that have not observed a front yard as required herein, then:
(1)
Where a building is to be erected within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings, provided that no new construction is permitted within the established right-of-way.
(2)
Where a building is to be erected within 100 feet of an existing building on one side only, the minimum front yard shall be the average of the setback of the existing building and the setback required normally, provided that no new construction is permitted within the established right-of-way.
C.
Street side setback for corner lots less than 60 feet wide. On corner lots less than 60 feet wide where reversed frontage exists, the setback on the side street shall be not less than 50% of the setback required on the lot in the rear, provided that the buildable width of such corner lot shall not be reduced to less than 24 feet.
§ 455-13 Height and area exceptions.
The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions, provided that local, county and Federal Aviation Administration (FAA) regulations are met or clearance obtained. Where height exceptions are permissible, extra stories may be added to the building in exception to district limitations.
A.
Public and quasi-public buildings, including schools and hospitals, may be erected to a height not exceeding 60 feet nor five stories, provided that the front, side and rear yards required in the district in which such building is to be located are each increased by at least one foot for each foot of additional building above the height limit otherwise established for that district.
B.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, television or broadcasting towers, masts or aerials, telephone and telegraph lines, microwave radio relay structures and necessary mechanical appurtenances are hereby excepted from height regulations of this chapter.
C.
Residences in residential districts may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.
D.
For buildings on through lots and extending from street to street, the requirements for a rear yard may be waived by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements of both streets are complied with.
§ 455-14 Access to public streets.
Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon an improved public street right-of-way which has been dedicated to its full width in accordance with the Official Map.
§ 455-15 Contiguous parcels.
If a person owns two or more contiguous lots of record, such land may be considered one parcel for the purpose of complying with the provisions of this chapter or may be considered as multiple parcels, provided that they can comply with the provisions of this chapter. If contiguous parcels are to be considered as one, they must be combined by the Assessor's office and one tax key number issued before building permits can be obtained for any new construction that crosses the lot line. At the time of sale of any nonconforming lot to an adjacent property owner, the new owner shall take all necessary steps to combine the parcels.
§ 455-16 Number of buildings per lot.
All principal buildings shall be located on a recorded lot, and only one principal building shall be located, erected, or moved onto a lot in any zoning district except as follows. The Planning Commission may recommend and the Common Council may permit exceptions where more than one principal building is needed for the orderly development of the parcel. When additional structures are permitted, the Planning Commission may recommend and the Common Council may impose additional requirements and may require a minimum separation distance between principal buildings.
§ 455-17 Uses not specifically permitted in districts.
With the exception of legal nonconforming uses, when a use is not specifically listed as a permitted use, special use, or accessory use, it shall be assumed that such a use is expressly prohibited unless, by a written decision of the Common Council following the recommendation of the Planning Commission, it is determined that said use is similar to, and not a more measurably intense use than, the use listed.
§ 455-18 Unlawful construction or use.
It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the Common Council, the Planning Commission, the City Attorney, the Zoning Administrator, or any property owner who would be specifically damaged by such violation may institute appropriate actions or proceedings to enjoin a violation of this chapter.
§ 455-19 Violations and penalties.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be subject to a forfeiture of not less than $200 for each offense, together with the penalty assessment and the cost of prosecution, and if in default of payment of such forfeiture, assessment and/or costs of prosecution shall be imprisoned in the county jail until the same are paid, but not exceeding 30 days. Each day that a violation continues to exist shall constitute a separate offense.
§ 455-20 Nonconforming buildings, structures and uses.
A.
Existing nonconforming uses. The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter, provided that:
(1)
Portion of the land or water in actual use may be continued. Only that portion of the land or water in actual use may be so continued, and the nonconforming use may not be extended, enlarged, substituted, or moved, except when required to do so by law or order or so as to comply with the provisions of this chapter.
(2)
Substitution of new equipment. Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.
(3)
Conforming special uses. See Appendix A for special uses previously approved as special uses as of the effective date of this chapter which would be classified as special uses under the provisions of this chapter and be required to maintain all conditions of approval as previously established.[1] All other uses which become special uses as of the date of adoption of this chapter are conforming special uses without further action under the provisions of § 455-48.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Existing nonconforming structures. The lawful use of a nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to setback lines, yard, height, parking, loading, access and/or lot area provisions of this chapter, provided that:
(1)
Total structural repairs or alterations. Total structural repairs or alterations to a nonconforming structure shall not exceed 50% of the municipality's equalized assessed value of the structure unless the structure is altered to conform to all provisions of this chapter.
(2)
Substitution of new equipment. Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.
C.
Existing substandard lots. Substandard lots granted permits under this chapter shall be required to meet setback and other requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those set forth under the terms of this chapter shall be issued only after a variance is granted by the Zoning Board of Appeals.
(1)
Residential substandard lots. A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter but is at least 30 feet wide and 3,600 square feet in area may be used as a single-family dwelling site, provided that the lot is a lot of record in the office of the Milwaukee County Register of Deeds prior to the effective date of this chapter and Common Council approval is obtained.
(2)
Nonresidential substandard lots. A lot located in a nonresidential zoning district which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site, provided that the lot is a lot of record in the office of the Milwaukee County Register of Deeds prior to the effective date of this chapter and Common Council approval is obtained.
D.
Continuance of use.
(1)
Legal nonconforming use. Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located at the time of the adoption of this chapter shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.
(2)
Buildings and uses for which a special use permit or building permit has been granted. Any building or use for which a special use permit or building permit has been lawfully granted may be completed in accordance with the approved plans, provided that construction is started within 90 days and the exterior of the building or use is completed within six months of the effective date of this chapter. Such building or use shall thereafter be deemed a lawfully established building or use.
E.
Discontinuance of use.
(1)
Building, structure, or land occupied by a nonconforming use changed to or replaced by a conforming use. Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by another nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
(2)
Discontinuance of nonconforming use. Whenever a nonconforming use or part thereof has been discontinued for a period of six consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the zoning district in which the use is located.
(3)
Discontinuance of nonconforming use where no enclosed building is involved. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and the property shall not thereafter be used in a nonconforming manner.
F.
Repairs and alterations.
(1)
Normal maintenance permitted. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(2)
No structural alteration. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:
(a)
When the alteration is required by law.
(b)
When the alteration will actually result in elimination of the nonconformity.
(c)
When a building is in a residential zoning district containing residential nonconforming uses, said building may be altered in any way to improve livability, provided that no structural alterations are made which would increase the number of dwelling units or the bulk of the building.
(d)
When a residential building is nonconforming in terms of insufficient yard setback, the residential building may be expanded only where yard setbacks are conforming, and in no situation shall the nonconformity be exacerbated.
G.
Damage or destruction. If a nonconforming building or other structure, or a building or structure containing a nonconforming use, is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the zoning district in which it is located. In the event that the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use may be continued.
H.
Additions and enlargements.
(1)
Nonconforming building shall not be extended. A nonconforming building shall not be extended unless the extension meets all applicable ordinance requirements and conforms to all the regulations of the zoning district in which it is located.
(2)
Buildings partially occupied by a nonconforming use. No building partially or fully occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
(3)
Limitations on the expansion of a nonconforming use. No nonconforming use may be extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the lot as it existed on the effective date of this chapter, or to displace any conforming use in the same building or on the same parcel of land.
(4)
Building or structure nonconforming with respect to yards, floor area ratio, or any other element of bulk. A building or structure which is nonconforming with respect to yards, height or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.
I.
Changes and substitutions.
(1)
Nonconforming use changed to conforming use or substandard structure altered to comply with this chapter. Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with this chapter, it shall not revert back to a nonconforming use or substandard structure.
(2)
Substitution of more restrictive nonconforming use for existing nonconforming use. Substitution of a more restrictive nonconforming use may be authorized by the Common Council, provided that review and approval are conducted in accordance with the provisions of § 455-48 for special use review and approval. Once the Common Council has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and the substituted use shall become a legal nonconforming use and be subject to all the conditions required by the Council.