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South Milwaukee City Zoning Code

ARTICLE II

Districts

§ 15.14 Establishment of zones.

A. 
Zones. The Common Council divides the City into the following zones. For floodplain regulations, see Chapter 35.
Table II-1: Zones
Zone
Description
Z-1
Natural Zone
Z-2
Sub-Urban Zone
Z-3
General Urban Zone
Z-4
Urban Center Zone
M-1
Manufacturing Zone
PDD
Planned Development
W-O
Wetland Overlay
EC-O
Environmental Corridor Overlay

§ 15.15 Purpose and intent.

A. 
Z-1: Natural Zone. The Natural Zone provides for preserved areas of open space and recreational opportunities.
B. 
Z-2: Sub-Urban Zone. The Sub-Urban Zone provides for areas of larger lot sizes with limited commercial uses such as in-home, live-work, and other uses that have little to no impact on neighboring properties.
C. 
Z-3: General Urban Zone. The General Urban Zone provides for areas of historical neighborhood context where commercial uses mainly lie along corners, collector streets, or arterial streets.
D. 
Z-4: Urban Center Zone. The Urban Center Zone provides for areas of higher-intensity development where commercial uses mix horizontally or vertically with residential uses.
E. 
M-1: Manufacturing Zone. The Manufacturing Zone provides for areas of exclusive commercial or industrial uses.
F. 
PDD: Planned Development District.
(1) 
Purpose. Planned Development Districts comprise individual special districts, which, over time, promote the maximum benefit from coordinated area site planning and diversified location of structures and which may have mixed compatible uses.
(2) 
Limitations on use. No property owner may apply for a PDD unless the proposed development is impossible under otherwise applicable zoning regulations. Approved PDDs may only alter standards within this zoning chapter and City street cross-sections. No PDD may alter any other City-adopted standard.
(3) 
Review procedure. The City shall review PDD districts and proposed amendments to approved districts per § 15.07. In reporting the application to the Plan Commission and Common Council, the Zoning Administrator must also describe why the PDD is preferable to amending the standard zoning ordinances.
(4) 
Application materials. Applicants must submit the following application materials.
(a) 
Project narrative. The project narrative shall include a written explanation from the applicant describing the community benefits of the proposed development and how the proposed development provides greater benefits to the City than would a development carried out under otherwise applicable zoning ordinance standards. The statement must also compare the proposed development with the standards of the most similar standard zoning district and detail the proposed uses within the district.
(b) 
Development plans. The development plans shall include all site, civil, and architectural plans in enough detail so that the Zoning Administrator, Plan Commission, and Common Council can review how the proposed site aligns with and differs from this chapter's regulations. Unless expressly provided in the development plan, properties within the PDD shall follow all other applicable provisions of this zoning chapter.
(5) 
Phasing. The City may approve a phased development plan within a PDD if the applicant details each phase within the proposed development plans.
(6) 
Lapse of approval. All PDDs shall automatically lapse and revert to the property's previous zoning district unless the property owner applies for a building permit for the subject property within 12 months of approval.
(7) 
Abandonment. The City may abandon any existing PDD per § 15.07.
G. 
Shoreland-Wetland Overlay Zone.
(1) 
District boundaries. The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are 3.5 acres or more and shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter and which are:
(a) 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter.
(b) 
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter. The City shall use adopted floodplain zoning maps to determine the extent of floodplain areas.
(2) 
Determinations of navigability. The Zoning Administrator shall make determinations of navigability and ordinary high-water mark locations. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.
(3) 
Apparent discrepancies. When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4) 
Filled wetlands. Wetlands which are filled prior to April 15, 1989, the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this chapter.
(5) 
Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under § 30.11, Wis. Stats., are not subject to this chapter.
(6) 
Artificial areas. Per § 61.353, Wis. Stats., the shoreland protection regulations of this division do not apply to lands adjacent to an artificially constructed drainage ditch, pond, or retention basin not hydrologically connected to a natural navigable water body.
(7) 
Setbacks. The City establishes a shoreland setback area of at least 50 feet from the ordinary high-water mark; except a property owner may construct or place a principal building within the shoreland setback area if all of the following apply:
(a) 
The property owner constructs or places the principal building on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and
(b) 
The property owner constructs or places the principal building within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
H. 
Environmental Corridor Overlay Zone.
(1) 
Purpose. The Environmental Corridor Overlay preserves environmental corridors to recharge and discharge groundwater; maintain surface water and groundwater quality; reduce flood flows and flood stages; maintain base flows of streams and watercourses; reduce soil erosion; abate air and noise pollution; provide wildlife habitat; protect plant and animal diversity; protect rare and endangered species; maintain scenic beauty; provide opportunities for recreational, educational, and scientific pursuits; and avoid serious and costly development problems because these areas are frequently poorly suited for urban development.
(2) 
District boundaries. The Environmental Corridor Protection Overlay includes the most up-to-date delineation of all primary and secondary environmental corridors and isolated natural resource areas delineated by the Southeastern Wisconsin Regional Planning Commission.
(3) 
Permitted uses. The City permits only necessary transportation and utility uses, O-2 uses, and R-1 uses within the zone.
(4) 
Zone coverage. The City limits development, as measured by impervious coverage, within the zone to no more than 10% of the total contiguous zoned area. Shoreland-Wetland Overlay Zones and Floodplain Zones may further restrict development areas.

§ 15.16 Lot and building regulations.

A. 
Lot and building regulations.
Table II-2: Lot and Building Regulations
Z-1
Z-2
Z-3
Z-4
M-1
PDD
Lot Occupation
Lot Width (feet)
Not applicable
60 min.
110 max.
30 min.
90 max.
180 max.
900 max.
Established during district adoption
Maximum Impervious Coverage (%)
Not applicable
50
60
90
90
Setbacks — Principal Building
Street Setback (Principal) (feet)
Regulations of most restrictive abutting district
24 min.
6 min.
18 max.
2 min.
12 max.
24 min.
Established during district adoption
Street Setback (Secondary) (feet)
Regulations of most restrictive abutting district
8 min.
6 min.
18 max.
2 min.
12 max.
12 min.
Side Setback (feet)
Regulations of most restrictive abutting district
8 min.
3 min.
Arterial streets: 0
0 min.
24 max.
12 min.
Rear Setback (feet)
Regulations of most restrictive abutting district
8 min.
3 min.
3 min.
12 min.
Minimum Frontage Buildout (%)
Regulations of most restrictive abutting district
40
60
80
40
Setbacks — Accessory Building
Street Setback (feet)
Regulations of most restrictive abutting district
20 min. + principal building setback
20 min. + principal building setback
40 max. from rear property line
20 min. + principal building setback
Established during district adoption
Side Setback (feet)
Regulations of most restrictive abutting district
6
3
3
6
Rear Setback (feet)
Regulations of most restrictive abutting district
6
3
3
6
B. 
Contextual street-yard building setbacks. If a primary structure exists on any immediately adjacent parcel, not including parcels separated by a public right-of-way, the street-yard setback for the subject parcel shall be the average of the minimum street-yard setback of the subject zone and the setback of the adjacent primary structure(s). In no circumstance shall the street-yard setback exceed the maximum street-yard setback of the subject zone.
C. 
Setback encroachments. Open or enclosed fire escapes, terraces, and unenclosed stairways may project into a side or rear yard not more than four feet; provided that they are not closer than three feet to any lot line.
D. 
Height regulations. When multiple ratios apply to a property, the City shall limit the building height to the lowest height at any given point on the property for the given ratios. All buildings may increase in height by one foot for every foot into the property perpendicular to the property line.
Table II-3: Height Regulations
Right-of-Way Type
Principal Building Height
Accessory Building Height
Right-of-Way Width
Example
Major Arterial
1
0.3
1
120-foot height allowance at property line: 120-foot right-of-way
Minor Arterial
0.7
0.3
1
84-foot height allowance at property line: 120-foot right-of-way
Collector
0.5
0.25
1
40-foot height allowance at property line: 80-foot right-of-way
Local
0.33
0.15
1
22-foot height allowance at property line: 66-foot right-of-way
Alleys, pedestrian connections, and multi-use pathways
1
1
1
20-foot height allowance at property line: 20-foot right-of-way
Figure II-1: Height Regulation Diagram
[Provided by City]
(1) 
Accessory building height limitations. No property owner may build an accessory building taller than the primary structure, 24 feet, or the accessory building height ratio contained within Table II-3: Height Regulations, whichever is less.
(2) 
Contextual building heights. If a primary structure exists on any immediately adjacent parcel, not including parcels separated by a public right-of-way, the maximum building height shall not exceed the following multipliers.
Table II-4: Contextual Building Height Limits
Adjacent Zone
Increase in Stories Above Structure on Adjacent Parcel
Z-1
No limit
Z-2
1.50x
Z-3
2.0x
Z-4
4.0x
M-1
No limit
(3) 
Height. The City measures height as the vertical distance from the average ground elevation along the structure's base to the highest point of the subject structure. The average ground elevation is the midpoint between the highest and lowest ground elevations along the exterior building wall.
(a) 
Exceptions. Chimneys, cooling towers, elevators, necessary mechanical appurtenances, and public utility structures not intended for human occupancy may exceed the limitations of this chapter.