The purpose of this article is to indicate the requirements for building location and bulk in both residential and nonresidential developments. The provisions of this article interact closely with the provisions of article III: Density and Intensity Regulations.

(Ord. No. 0-6-09, 6-23-2009)

All residential lots shall comply with the standards prescribed by this section. These standards are related to the specific zoning district used. (See bulk regulations table in appendix E to compare bulk regulations for all zoning districts)

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-4-2011, § 14, 5-10-2011)

All nonresidential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used. (See bulk regulations table in appendix E to compare bulk regulations for all zoning districts)

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-4-2011, § 15, 5-10-2011)

(1)

Front yard setback adjustment. The front yard setbacks should be adjusted as follows when the described conditions or circumstances exist:

(a)

The required front yard setback for any use may be reduced for a principal structure on any lot where more than 50 percent of the same type of principal structure on the same block face or street face do not meet the required front yard setback. In such instances, the required front yard setback for the proposed structure shall be the average of all the adjoining same type principal structures on said block face or street face.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-21-2024, § 1(Exh. A), 11-26-2024)

Editor's note— Ord. No. 0-21-2024, § 1(Exh. A), adopted Nov. 26, 2024, amended the title of § 78-404 to read as herein set out. The former § 78-404 title pertained to yard setback adjustments.

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)

No yard shall be reduced in area or dimension so as to make such yard 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)

No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.

(3)

In instances where the required bufferyard width (per section 78-610) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard.

(4)

Permitted intrusions into required yards: The following intrusions by buildings and structures are permitted into the specified required yards:

(a)

Permitted intrusions into required front or street yards:

1.

Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than two and one-half feet into the required yard.

2.

Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of section 78-707 and provided they do not locate closer than five feet from the front or street property line.

3.

Terraces, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance; provided they do not locate closer than 20 feet from any street right-of-way.

4.

Fences on residential or nonresidential lots which do not exceed four feet in height; provided they do not locate closer than six inches to any street right-of-way. Permitted fence types shall comply with the provisions of section 78-718.

5.

Steps.

6.

Accessible ramps and similar features.

(b)

Permitted intrusions into required rear or side yards:

1.

Sills, chimneys, flues, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than two and one-half feet into the required yard.

2.

Fences are permitted in required rear or side yards.

3.

Fire escapes (on residential buildings) which do not extend more than three feet into the required yard.

4.

Accessible ramps and similar features.

(c)

Permitted intrusions into required rear yards:

1.

Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend more than one foot above grade; provided they do not locate closer than twenty feet to the rear lot line.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-4-2011, § 17, 5-10-2011; Ord. No. 0-12-2014, § 1, 7-8-2014; Ord. No. 0-19-14, § 2, 8-26-2014; Ord. No. 0-9-2022, 4-12-2022; Ord. No. 0-21-2024, § 1(Exh. A), 11-26-2024)

(1)

Permitted exceptions to maximum height regulations.

(a)

The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district, are the maximum permitted heights for all buildings and structures, except those exempted by this section, below.

(b)

The following are permitted to exceed the maximum height regulations within any district where permitted: church spires, belfries, cupolas and domes which do not contain useable space, public monuments, water towers, fire and hose towers, flag poles.

(c)

The following require a conditional use permit to exceed ten feet in height: chimneys, smokestacks, cooling towers, and elevator penthouses.

(d)

Any building or structure not otherwise accounted for by (b), above, may exceed said maximum height regulations with the granting of a conditional use permit which specifically states the maximum permitted height of the proposed building or structure.

(Ord. No. 0-6-09, 6-23-2009)

(1)

Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum lot area requirements of each zoning district or which does not meet the lot dimension requirements of each zoning district.

(2)

A lot of record existing upon the effective date of this chapter that does not meet the minimum lot area or lot dimension requirements of the zoning district in which it is located may be used in the same manner that existed at the effective date of this chapter, and may be used for any other lawful use that does not require a larger lot area or larger lot dimensions than the use that existed at the effective date of this chapter.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-1-2010, § 1, 1-26-2010; Ord. No. 0-17-2020, § 1, 9-8-2020)

(1)

General provisions. A "legal nonconforming structure" means a dwelling or other building that existed lawfully upon the effective date of this chapter or an amendment to this chapter, but does not conform to one or more bulk, area, height or other dimensional requirements of this chapter.

(2)

Continuance of a nonconforming structure. A legal nonconforming structure may be used in the same manner that existed at the effective date of this chapter, and may be used for any other lawful use that does not increase the nonconformity of the structure to the requirements of this chapter beyond the non-conformities associated with the existing use.

(3)

Repair, rebuilding, and maintenance of certain legal nonconforming structures.

The provisions of Wis. Stats. § 62.23(7)(hb), and subsequent amendments thereto, are hereby incorporated in this section by reference.

(4)

Restoration or replacement of certain legal nonconforming structures.

The provisions of Wis. Stats. § 62.23(7)(hc), and subsequent amendments thereto, are hereby incorporated in this section by reference.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-16-2012, § 1, 9-11-2012; Ord. No. 0-23-2014, § 1, 9-9-2014; Ord. No. 0-17-2020, § 2, 9-8-2020)

Note— See also regulations for nonconforming uses set forth in this chapter.