Shorewood City Zoning Code
ARTICLE III
General Provisions
§ 535-7 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Shorewood and as otherwise provided by law.
§ 535-8 Compliance required; enforcement.
A.
Except as may be otherwise specifically provided, the use, size, height and location of buildings existing on the effective date of this chapter or thereafter erected, converted, enlarged or structurally altered, the provisions for open spaces and the use of land shall be in compliance with the regulations established herein for the district in which such land or building is located.
B.
The duty of the Planning and Development Department, with assistance of the Police Department, shall be to investigate all complaints, to give notice of violations, and to enforce the provisions of this chapter. A duly authorized representative of the Planning and Development Department may enter at any reasonable time any public or private land or waters to make an inspection pursuant to enforcing the provisions hereof, subject to applicable law.
C.
In addition to all other powers granted to the Zoning Administrator and the Planning and Development Department to enforce the provisions of this chapter, the Zoning Administrator, Building Inspector or any representative of the Planning and Development Department duly authorized by the Village Manager are authorized pursuant to § 800.02, Wis. Stats., to issue municipal citations for violations of any of the provisions of this chapter.
§ 535-9 Site restrictions.
A.
Unsuitable land. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Planning and Development Department by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community.
B.
Lots. All lots shall abut a public street, and each lot shall have a minimum frontage of 40 feet except as otherwise provided in this chapter.
C.
Buildable lot. No lot shall be considered a buildable lot if it abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Building on divided or replatted lot. It shall be unlawful for any person, firm or corporation to erect any building or structure on a lot divided or replatted in violation of the area and frontage requirements of the district where located.
E.
Principal buildings. All principal buildings shall be located on a lot, and only one principal building shall be located, erected, or moved onto a lot unless otherwise provided in this chapter.
F.
Decks, patios, porches and driveways in R Districts. No deck, patio, porch or driveway shall be constructed unless a Village building permit is applied for and issued by the Village, in accordance with the requirements of the Village Code.
(1)
Decks.
(a)
Decks shall not be located in the front yard or street side yard, or the side setback or rear setback of a lot.
(2)
Patios.
(a)
Patios, which are defined to include any hard-surfaced outdoor area with minimum dimensions of greater than six feet in length and width and an area of 64 square feet or greater, excluding driveways, may be located in the front yard or street side yard, only when constructed within the following parameters:
[1]
No more than 30% of any front yard or street side yard may be covered by a patio.
[2]
One entire side of a patio must be adjacent to the principal building of the lot.
[3]
Front yard patios and street side yard patios shall not be located closer than three feet to the front lot line or street side lot line.
[4]
A scaled drawing of the proposed layout of the front yard or street side yard patio must be completed, along with a list of proposed materials to be used in construction, all of which shall be submitted to the Design Review Board for review and approval. All materials must be of high quality, such as cut stone, Lannon or blue stone, or decorative concrete. In addition, the patio surface shall be screened from public view by year-round, continuous, natural vegetation of at least 18 inches in height, such as shrubs, ornamental grasses or perennial plants that provide screening through the winter months. High-quality, decorative masonry or concrete walls, and permanent planters, no higher than three feet as measured from the surface of the patio, may be used in combination with natural vegetation to achieve year-round screening. No fences shall serve as the primary screening materials.
[5]
Patios may not exceed six inches above grade in the front yard or street side yard.
(b)
Patios shall not be located in the side setback or rear setback of a lot, with the exception of on-grade patios in the R-5 and R-6 Residence Districts.
(3)
Porches and covered entryways. In order for buildings to have various features that provide variety, articulation and unique character, standards are established to allow certain elements of modest size to be placed in setback areas.
(a)
Required setbacks.
[1]
Porches may project up to eight feet from the front facade of the house into the front yard and covered entryways may project up to four feet into the front yard; however, in no instance may such projection encroach closer than 10 feet to the front lot line.
[2]
Porches and covered entryways shall not be located beyond the interior side setback.
[3]
Covered entryways may project up to four feet into the street side yard; however, in no instance may such projection encroach closer than six feet to the side lot line.
[4]
Porch and covered entryway land area coverage shall count within the allowable area for principal buildings, per respective zoning districts.
(b)
Design requirements.
[1]
The maximum depth of a porch shall be no more than 10 feet.
[2]
The floor height of any porch or covered entryway shall be at or within eight inches of the front entry height.
[3]
Porch and covered entryway roof height shall be a maximum of one story. A second floor deck with railing may be allowed, subject to design approval.
[4]
At least 50% of the exterior wall area shall be open; mesh screened areas, glazing and guardrails shall be considered enclosed.
[5]
A covered entryway shall be centered over the doorway, including sidelights, and shall not extend greater than three feet in either direction.
(4)
Driveways.
(a)
Driveways shall not be constructed unless they lead to a garage, except that circular driveways may be located in the front yard, provided that there is a garage or a garage is being constructed on the lot contemporaneously and provided that:
[1]
An applicant for a permit to construct a circular driveway must submit a sketch of the proposed layout and landscape screening in addition to any other information that the Building Inspector or the Design Review Board may reasonably require in order to comply with this section;
[2]
The design and materials used are aesthetically compatible with the surrounding neighborhood;
[3]
The width of the lot at the front property line is at least 60 feet to allow for an adequate turning radius;
[4]
There is landscaping necessary to adequately screen it from street view that does not impair the vision triangle; and
[5]
The plans, including the landscaping, have been reviewed and approved by the Design Review Board.
(b)
Newly constructed or reconstructed driveways shall have a minimum width of eight feet. In cases of reconstruction of driveways, the Building Inspector may waive the minimum width where it is not practically possible to reconstruct an existing driveway to that width, but the reconstructed driveway may not be narrower than it was prior to reconstruction.
G.
Open space requirements in R Districts. At least 30% of each lot shall remain as open space, uncovered by structures, and planted with grass, shrubs, trees or other forms of vegetation, or surfaced with natural ground cover.
§ 535-10 Height and yard modifications.
A.
Height modifications. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1)
Residential communication structures shall not exceed a height greater than 15 feet above the principal building on which they are located.
(2)
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 that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(3)
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are conditional uses in all R and P Districts if they exceed the height limitations of this chapter.
B.
Allowed encroachments into yards.
C.
Essential services. Essential services, such as utilities, electric power and communication transmission lines, are exempt from any setback and height requirements of this chapter.
D.
Vision setback area.
(1)
Except for intersections controlled by stop lights, stop signs or yield signs, vision setback lines at intersections of public streets shall be established by a straight line connecting two points which are on the center lines of and 50 feet from the intersection point of the two center lines of intersecting streets.
(2)
In the vision setback area, no structure of any kind shall be permitted which exceeds a height of three feet above the elevation of the center of the intersection, except necessary highway and traffic signs, public utility lines and open fences through which there is clear vision, nor shall any fence or plant material be permitted which obscures safe vision of the approaches of the intersection.
§ 535-11 Reduction of area.
No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter.
§ 535-12 Joint use.
No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
§ 535-13 Public utility uses.
Subject to the applicable provisions of the Village Code, the following public utility uses may be located in any district: cable lines and necessary mechanical appurtenances; telephone and electrical distribution poles and lines; electrical transformers, provided that there is no service garage or storage yard; and telephone, telegraph and power transmission poles and lines and necessary mechanical appurtenances, including equipment housing, structures and towers, provided that when a utility proposes a main transmission facility, it shall give notice to the Planning and Development Department of such intention and of the date of hearing before the Public Service Commission and, before construction, shall file with the Planning and Development Department a mapped description of the route of such transmission line.
§ 535-14 Correction of hazardous conditions or nuisances.
Any use in any district which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, as measured by the standards established in Article VIII of this chapter and by other applicable provisions of the Village Code, shall be corrected or improved by such measures as are approved by the Planning and Development Department consistent with reasonable technology and economic practicality.
§ 535-15 Violations and penalties.
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.