Height and area regulations generally.
(1)
Maximum impervious surface. For each lot in the R-4, C-1, C-4, and C-5 districts, the combined area of all roofed, paved, and other impervious surfaces shall not exceed 70 percent of the total area of the lot. Existing lots with impervious surfaces that exceeded 70 percent prior to adoption of this section shall be exempted from this provision provided that there shall be no further net increase of impervious surfaces on such lots.
(2)
The dimensional requirements relating to lot size, density, yards, height, and floor area shall be as specified for each zoning district in the following table:
*
Within these districts, the minimum lot width shall be increased to 70 feet for lots used for two-family or multiple-family dwellings.
**
See section 20.27(4) for exceptions to height requirement.
***
For lots that abut two or more streets, all sides of the lot that abut a street shall meet the street yard requirement.
#
The minimum yard shall be increased to 40 feet along all lot lines abutting property in a residential district.
##
500 square feet for the smallest dwelling unit, with a minimum 1,500 square feet combined floor area for both units.
###
Within these districts, the minimum floor area for efficiency (studio) style dwellings shall be reduced to 450 square feet.
(3)
Exceptions to yard requirements:
(a)
Within the C-2 district, where a proposed building or addition abuts an existing building on the adjoining lot (zero side yard), the minimum street yard (setback) shall be equal to the existing street yard for the adjoining building.
(b)
Within the C-2 district, the minimum side yard shall be reduced to zero if an adjoining building already has a zero side yard.
(c)
Within the C-2 district, the city plan commission may authorize a lesser side yard and/or a lesser street yard (setback) than required under subsection (2). The intent of this provision is to provide relief from the yard requirements in locations where it is desirable to create, recreate, or maintain a traditional downtown development pattern and character.
(d)
Structures such as ramps and landings, lifts, or elevator housings designed to comply with the Americans with Disabilities Act requirements, for which there are no feasible alternative locations shall be excepted from the minimum yard requirements.
(e)
Within the R-2, R-3, and C-5 districts, the minimum street yard (setback) shall be 17 feet for unenclosed appurtenances to a dwelling, such as porches, decks, balconies, and stairways.
(f)
Within the I-2/I-2A Heavy Industrial districts, the minimum side yard for any existing building with a side yard that is less than the minimum side yard required in subsection (2) shall be equal to the existing side yard. The intent is this provision is to allow existing buildings to be extended provided the addition is no closer to the side lot line than the existing building.
(4)
Exceptions to the height requirement:
(a)
Buildings used for agricultural purposes may exceed the maximum height requirement.
(b)
Buildings that have been designated as historic structures on a local, state or national register of historic places shall be exempt from the maximum building height provided any increase in height is approved by the historic preservation commission.
(c)
The maximum building height of buildings located in the I-2/I-2A Heavy Industrial districts may be increased to 120 feet, provided the building is located at least 300 feet from the boundary of a residential zoning district, which shall include the R-1, R-2, R-3, R-4, and R-M districts and shall also include the PUD district if the underlying zoning classification is one of the aforementioned districts.
(5)
Zero lot line duplexes (attached dwelling units). In districts where two-family dwellings are allowed, such dwellings may be developed as zero lot line duplexes (attached dwellings units), subject to the following requirements:
(a)
The side yard for adjoining lots identified for attached dwelling units may be zero along the common lot line, provided that:
1.
Each lot shall have a minimum lot width of 40 feet and a minimum lot area of 4,000 square feet and a combined minimum lot width of 80 feet and minimum lot area of 12,000 square feet.
2.
Such adjoining lots proposed for the zero side yard are held under the same ownership at the time of initial construction.
3.
The adjoining side yard setback of the lot adjacent to the zero side yard setback is also zero.
4.
The opposite side yard is not less than required under subsection (2).
5.
Easements shall be provided across zero lot lines where necessary for water, sewer and utility services.
(b)
The construction of the dwelling units shall meet the following requirements at all times:
1.
There shall be a minimum one-car enclosed garage, attached to such main building, for each unit.
2.
The exterior materials and roof materials on each unit shall be the same color and consistency.
3.
The plans, specifications, and construction of such buildings shall include the installation of separate sewer, water and other utility services to each dwelling unit.
(c)
Matters of mutual concern to adjoining property owners due to construction, catastrophe, and/or maintenance shall be governed by private covenants, declarations, or deed restrictions and the City of Sturgeon Bay shall not be responsible for the same. A copy of such covenants, declarations, or restrictions shall be submitted to the city for its review prior to issuance of a building permit.
(d)
Zero lot line duplexes (attached dwelling units) shall only be permitted on lots that have been identified for such development on the applicable subdivision plat or certified survey map. Such lots shall be identified at the time of approval of the subdivision plat or certified survey map (CSM). For all such lots containing less than 70 feet of lot width or 8,400 square feet of lot area, a covenant shall be placed on the face of the subdivision plats and certified survey maps creating such lots as follows: "Development on Lots (list lot numbers) is restricted to the construction of zero lot line duplexes (attached dwelling units)." No odd number of lots may be created nor may construction skip an odd number of lots.
(6)
Setback from navigable water. All principal and accessory buildings shall be located at least 25 feet from the ordinary high water mark of all navigable water.
(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1105-0803, § 1, 8-19-03; Ord. No. 1115-1203, § 1, 12-2-03; Ord. No. 1128-0804, §§ 3, 5, 8-17-04; Ord. No. 1135-1204, § 1, 12-21-04; Ord. No. 1174-0906, §§ 3—5, 9-20-06; Ord. No. 1299-0414, § 1, 4-15-14; Ord. No. 1356-0219, § 1, 2-19-19; Ord. No. 1378-1120, §§ 1, 2, 11-17-20; Ord. No. 1410-0422, §§ 7, 8, 4-19-22; Ord. No. 1421-0223, § 1, 2-21-23; Ord. No. 1424-0423, § 1, 4-18-23; Ord. No. 1429-0823, § 3, 8-15-23)
Height and area regulations generally.
(1)
Maximum impervious surface. For each lot in the R-4, C-1, C-4, and C-5 districts, the combined area of all roofed, paved, and other impervious surfaces shall not exceed 70 percent of the total area of the lot. Existing lots with impervious surfaces that exceeded 70 percent prior to adoption of this section shall be exempted from this provision provided that there shall be no further net increase of impervious surfaces on such lots.
(2)
The dimensional requirements relating to lot size, density, yards, height, and floor area shall be as specified for each zoning district in the following table:
*
Within these districts, the minimum lot width shall be increased to 70 feet for lots used for two-family or multiple-family dwellings.
**
See section 20.27(4) for exceptions to height requirement.
***
For lots that abut two or more streets, all sides of the lot that abut a street shall meet the street yard requirement.
#
The minimum yard shall be increased to 40 feet along all lot lines abutting property in a residential district.
##
500 square feet for the smallest dwelling unit, with a minimum 1,500 square feet combined floor area for both units.
###
Within these districts, the minimum floor area for efficiency (studio) style dwellings shall be reduced to 450 square feet.
(3)
Exceptions to yard requirements:
(a)
Within the C-2 district, where a proposed building or addition abuts an existing building on the adjoining lot (zero side yard), the minimum street yard (setback) shall be equal to the existing street yard for the adjoining building.
(b)
Within the C-2 district, the minimum side yard shall be reduced to zero if an adjoining building already has a zero side yard.
(c)
Within the C-2 district, the city plan commission may authorize a lesser side yard and/or a lesser street yard (setback) than required under subsection (2). The intent of this provision is to provide relief from the yard requirements in locations where it is desirable to create, recreate, or maintain a traditional downtown development pattern and character.
(d)
Structures such as ramps and landings, lifts, or elevator housings designed to comply with the Americans with Disabilities Act requirements, for which there are no feasible alternative locations shall be excepted from the minimum yard requirements.
(e)
Within the R-2, R-3, and C-5 districts, the minimum street yard (setback) shall be 17 feet for unenclosed appurtenances to a dwelling, such as porches, decks, balconies, and stairways.
(f)
Within the I-2/I-2A Heavy Industrial districts, the minimum side yard for any existing building with a side yard that is less than the minimum side yard required in subsection (2) shall be equal to the existing side yard. The intent is this provision is to allow existing buildings to be extended provided the addition is no closer to the side lot line than the existing building.
(4)
Exceptions to the height requirement:
(a)
Buildings used for agricultural purposes may exceed the maximum height requirement.
(b)
Buildings that have been designated as historic structures on a local, state or national register of historic places shall be exempt from the maximum building height provided any increase in height is approved by the historic preservation commission.
(c)
The maximum building height of buildings located in the I-2/I-2A Heavy Industrial districts may be increased to 120 feet, provided the building is located at least 300 feet from the boundary of a residential zoning district, which shall include the R-1, R-2, R-3, R-4, and R-M districts and shall also include the PUD district if the underlying zoning classification is one of the aforementioned districts.
(5)
Zero lot line duplexes (attached dwelling units). In districts where two-family dwellings are allowed, such dwellings may be developed as zero lot line duplexes (attached dwellings units), subject to the following requirements:
(a)
The side yard for adjoining lots identified for attached dwelling units may be zero along the common lot line, provided that:
1.
Each lot shall have a minimum lot width of 40 feet and a minimum lot area of 4,000 square feet and a combined minimum lot width of 80 feet and minimum lot area of 12,000 square feet.
2.
Such adjoining lots proposed for the zero side yard are held under the same ownership at the time of initial construction.
3.
The adjoining side yard setback of the lot adjacent to the zero side yard setback is also zero.
4.
The opposite side yard is not less than required under subsection (2).
5.
Easements shall be provided across zero lot lines where necessary for water, sewer and utility services.
(b)
The construction of the dwelling units shall meet the following requirements at all times:
1.
There shall be a minimum one-car enclosed garage, attached to such main building, for each unit.
2.
The exterior materials and roof materials on each unit shall be the same color and consistency.
3.
The plans, specifications, and construction of such buildings shall include the installation of separate sewer, water and other utility services to each dwelling unit.
(c)
Matters of mutual concern to adjoining property owners due to construction, catastrophe, and/or maintenance shall be governed by private covenants, declarations, or deed restrictions and the City of Sturgeon Bay shall not be responsible for the same. A copy of such covenants, declarations, or restrictions shall be submitted to the city for its review prior to issuance of a building permit.
(d)
Zero lot line duplexes (attached dwelling units) shall only be permitted on lots that have been identified for such development on the applicable subdivision plat or certified survey map. Such lots shall be identified at the time of approval of the subdivision plat or certified survey map (CSM). For all such lots containing less than 70 feet of lot width or 8,400 square feet of lot area, a covenant shall be placed on the face of the subdivision plats and certified survey maps creating such lots as follows: "Development on Lots (list lot numbers) is restricted to the construction of zero lot line duplexes (attached dwelling units)." No odd number of lots may be created nor may construction skip an odd number of lots.
(6)
Setback from navigable water. All principal and accessory buildings shall be located at least 25 feet from the ordinary high water mark of all navigable water.
(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1105-0803, § 1, 8-19-03; Ord. No. 1115-1203, § 1, 12-2-03; Ord. No. 1128-0804, §§ 3, 5, 8-17-04; Ord. No. 1135-1204, § 1, 12-21-04; Ord. No. 1174-0906, §§ 3—5, 9-20-06; Ord. No. 1299-0414, § 1, 4-15-14; Ord. No. 1356-0219, § 1, 2-19-19; Ord. No. 1378-1120, §§ 1, 2, 11-17-20; Ord. No. 1410-0422, §§ 7, 8, 4-19-22; Ord. No. 1421-0223, § 1, 2-21-23; Ord. No. 1424-0423, § 1, 4-18-23; Ord. No. 1429-0823, § 3, 8-15-23)