Shawano City Zoning Code
ARTICLE IV
Bulk Regulations
§ 10-70 Purpose.
This article regulates the location and bulk of buildings in both residential and nonresidential developments in order to protect and enhance the desired community character of the City of Shawano. The provisions of this article interact closely with the density and intensity provisions described in Article II. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
§ 10-71 Bulk standards.
All lots shall comply with the standards listed for each zoning district in Article II.
§ 10-72 Yard setback adjustments.
[Amended 7-10-2024 by Ord. No. 2031]
(1)
Lot size and minimum yard dimensions. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make the area or dimension 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)
Front yard setback adjustment.
(a)
In the SR-2, SR-4, SR-5, SR-6, SR-7, TR-6, MR-10, MR-20, MH-8, NMU, CMU, and UMU Districts, a front yard setback may be reduced to the mean of the setbacks of the immediately adjoining lots that are on both sides of the subject lot. The following rules apply in calculating the mean setback (see Figure 10-72):
1.
Only the setbacks on five or fewer adjoining lots, are contiguous to each other in either direction of the subject lot, and are on the same side of the street as each other may be used.
2.
Where a lot is vacant, the minimum setback of the zoning district will be applied to the vacant lot and factored into the averaging calculation.
3.
Outliers shall be excluded in calculating the mean setback as determined by the Zoning Administrator.
4.
In residential districts, the depth of the minimum front yard and street side yard on any lot shall be at least 15 feet and the minimum setback for an attached or detached garage facing the front yard, or the street side yard, shall be at least 20.
(b)
In order to preserve and maintain the character of established neighborhoods that are typified by front yard setbacks substantially in excess of the minimum required front yard setback, blocks with an average street side (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 of principal structures on said block or street.
Figure 10-72 Front Yard Averaging Example  |
(3)
Side and rear yard adjustments for buffer yards. In instances where the required buffer yard width (per Article VIII) 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.
§ 10-73 Intrusions into required yards.
The minimum setback requirements of each zoning district establish the minimum required yards for all uses, except those exempted by the provisions of this section.
(1)
Permitted intrusions into required street side yard.
(a)
Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bay windows, and gutters for residential buildings, provided that they do not extend more than 2 1/2 feet into the required yard. These exceptions apply only to residential districts.
(b)
Entry platforms, steps and canopies, provided that they do not extend more than five feet, provided that such stairs and landings shall not extend above the entrance floor of the building. This shall not apply to replacement of existing porches, steps, stairs, and landings used for required building exit when the size is not enlarged. These exceptions apply only to residential districts.
(c)
Steps and stairs, provided that such stairs and landings shall not extend above the entrance floor of the building and there is adequate on-site landing space for the base of the stairs.
(d)
Handicapped accessible ramps. Handicap ramps or other devices required to make reasonable accommodation under the Fair Housing Act or the Americans with Disabilities Act are to be permitted in the required front, side, or rear yard setbacks, provided that the maximum encroachment into a required setback is the minimum dimension required by the Wisconsin Commercial Building Code for accessible ramps and that no other location is feasible outside the required setbacks.
(e)
Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of § 10-106 and provided that they do not locate closer than five feet from the front or street property line.
(f)
Uncovered porches, decks, or similar appurtenances to residential buildings which do not extend above the floor level of the building entrance, provided that they do not extend eight feet beyond the existing facade of the home, but shall not be nearer than five feet from any lot line. Such structures may not encroach into the vision triangle.
(g)
Attached terraces, uncovered porches, decks, or similar appurtenances to residential buildings that do not extend more than 18 inches above grade, provided that they do not locate closer than eight feet to the rear lot line, three feet from the side lot line, or five feet from the front or street side lot line. Detached decks that do not exceed 18 inches above grade shall meet the required setbacks for a detached accessory structure.
(h)
Additions (including vertical additions, additional floors, and architectural features), balconies, terraces, covered porches, decks, or similar appurtenances not extending beyond the setback of the existing facade may be located in the provided or required yard setback, whichever is more permissive. If the addition is a garage or garage addition, the minimum setback when facing the front yard, or the street side yard, shall be at least 20 feet. In no instance shall any new encroachment be within five feet of an adjacent structure or three feet of a property line unless approved by the Building Inspector to have adequate fire protection. See Figure 10-73.
Figure 10-73 Permitted Addition in Required Yards  |
(i)
Fences meeting the requirements of § 10-108.
(j)
Fire escapes required by the Building Inspector which do not extend more than four feet into the required yard.
(k)
Any other provisions identified elsewhere in this chapter (landscape features, tents, and other features where specific setbacks are established).
(2)
Permitted intrusions into required side yards.
(a)
Sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings, provided that they do not extend more than 2 1/2 feet into the required yard.
(b)
Fences may locate on the property line. Permitted fence types shall comply with the provisions of § 10-108.
(c)
Fire escapes (on residential buildings) which do not extend more than three feet into the required yard.
(3)
Permitted intrusions into required rear yards. Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend more than one foot above grade, provided that they do not locate closer than 20 feet to the rear lot line.
(4)
All street side or front yard setback areas. With the exception of fences, no accessory structures shall be permitted within any portion of a street yard or front yard, except where there is a shore yard. In instances where there is a shore yard, shore yards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.
§ 10-74 Exceptions to maximum height regulations.
The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district in Article II are the maximum permitted heights for all buildings and structures, except those exempted by this section.
(1)
The following are permitted to exceed the maximum height regulations within any district where permitted: church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; public monuments; water towers; fire and hose towers; mixing facilities for grain, feed, concrete, asphalt, and gravel, including storage facilities, elevators, and conveyors; flagpoles; chimneys, ventilators, skylights, similar features, and necessary mechanical appurtenances usually carried above roof level. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and subject to the Wisconsin State Building Code, except as prohibited by the Height Limitation Zoning Map, Shawano Municipal Airport, Shawano, Wisconsin.
(2)
The Plan Commission may grant exceptions to the height limitations for any building or structure not otherwise accounted for by Subsection (1) above or may set the maximum height of a structure on an individual lot as a conditional use and may set special requirements as part of the approval under the terms and conditions of this chapter.