Village Of Johnson Creek
City Zoning Code
City Zoning Code
ARTICLE V
Bulk Regulations
§ 250-55 Purpose.
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 IV, Density and Intensity Regulations.
§ 250-56 Residential bulk standards.
A.
All residential 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 the appendix to compare the bulk regulations for all zoning districts.)[1]
[1]
Editor's Note: The tables of bulk regulations are included at the end of this chapter.
B.
Rules to distinguish a one-family dwelling with an in-family suite from a two-family dwelling:
(1)
The dwelling unit shall appear as a single-family dwelling. A separate walled garage area and/or driveway is not permitted.
(2)
A separate address is not permitted.
(3)
Separate utility connection and/or meters are not permitted.
(4)
A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch or other nonliving area. A door may be used to separate the in-family suite from the rest of the dwelling unit but may not be locking, except that a locking door may be used for the bedroom and/or bathroom doors of this in-family suite.
(5)
The in-family suite may contain separate kitchen, dining, bathroom, laundry, living, sleeping and recreation areas, including exterior porches, patios and/or decks. In addition to the internal physical connection required above, separate outdoor access and/or separate access to the garage, may be provided. However, external stairs which serve as the primary access to the in-family suite are prohibited.
(6)
The in-family suite may not be occupied by a nonfamily member (as defined by the State of Wisconsin One- and Two-Family Dwelling Code).
(7)
In-family suites should be considered and regulated as part of a single-family dwelling unit.
(8)
When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "not a separate dwelling unit nor apartment," and a signed letter from the applicant stating agreement with this condition shall be required.
§ 250-57 Nonresidential bulk standards.
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 the appendix to compare the bulk regulations for all zoning districts.)
§ 250-58 Yard setback adjustments.
Front yard setback adjustment.
A.
For lots located adjacent to a street with an officially mapped or existing right-of-way equal to or exceeding 100 feet, 40 feet of setback is required to address anticipated future conditions of noise and air quality.
B.
The required front yard setback for any use may be reduced for a principal structure on any lot where more than 50% 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.
C.
In order to preserve and maintain the character of established neighborhoods within the Village of Johnson Creek which are typified by front yard setbacks substantially in excess of the minimum required front yard setback, the following regulation shall apply: On block faces with an average 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 principal structures on said block face or street face.
§ 250-59 Intrusions into required yards.
A.
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.
B.
Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards.
(1)
Permitted intrusions into required front or street yards:
(a)
Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves and gutters for residential buildings, provided they do not extend more than 2 1/2 feet into the required yard.
(b)
Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of § 250-90, and provided they do not locate closer than five feet from the front or street property line.
(c)
Terraces, steps, 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 protrude five feet into the required yard.
(2)
Permitted intrusions into required rear or side yards:
(a)
Sills, pilasters, lintels, ornamental features, cornices, eaves and gutters for residential buildings, provided 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 § 250-103.
(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 they do not locate closer than 20 feet to the rear lot line.
C.
All front yard and street yard areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards 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.
§ 250-60 Exceptions to maximum height regulations.
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 by 10 feet within any district where permitted: church spires, belfries, cupolas and domes which do not contain usable space, public monuments, water towers, fire and hose towers, flagpoles, chimneys, smokestacks, cooling towers, and elevator penthouses. Such uses may exceed said maximum by more than 10 feet with the approval of a conditional use permit.
§ 250-61 Substandard lot regulations.
A.
Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum zoning district area requirements of each zoning district or the minimum lot area requirements of each zoning district or which does not meet the lot dimension requirements of each zoning district.
B.
A lot of record existing upon the effective date of this chapter in a residential district (see § 250-17) which does not meet the minimum zoning district area of each zoning district or the minimum lot area (MLA) requirements each zoning district or which does not meet the lot dimension requirements of each zoning district may be utilized for a detached single-family dwelling unit, provided the measurements of such area and dimensions are equal to or greater than 70% of the requirements of this chapter. Said lot shall not be more intensively developed (with multifamily or nonresidential uses) unless combined with one or more abutting lots (or portions thereof) so as to create a lot which meets the requirements of this chapter.
§ 250-62 Nonconforming structure and building regulations.
A.
Any structure or building lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as hereafter specified.
B.
Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.
C.
When any lawful nonconforming structure or building in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure or building shall be in conformance with the provisions of this chapter.
D.
Whenever a lawful nonconforming structure or building has been damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or act of God, it may be reconstructed and used as before if it is reconstructed within one year after such calamity, unless the damage to said structure or building equals or exceeds 50% of its assessed value. In such cases, the reconstruction shall be limited to uses permitted by the provisions of this chapter (unless the ability to reestablish a nonconforming use is specifically granted by Council).
E.
Normal maintenance of a nonconforming structure or building is permitted, including necessary nonstructural repairs and incidental alterations which do not extend, enlarge or intensify the nonconforming structure or building.
F.
Alterations may be made to a building containing lawful nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building, except that a conforming garage may be added if none previously existed. However, after the effective date of this chapter such structures shall not be permitted to enlarge, expand or extend without bringing the enlargement, expansion or extension into compliance with the provisions of the chapter unless a variance is granted by the Zoning Board of Appeals per the requirements of § 250-129.
G.
A legal, nonconforming garage may be enlarged or replaced, provided the following requirements are met:
(1)
That the proposed garage replacement or addition does not encroach farther into required setback(s) than the current legal, nonconforming structure;
(2)
That the proposed garage replacement or addition does not locate closer to an existing residence on an adjacent parcel than the sum of the required garage setback (on the subject property) and the required house setback (on said adjacent parcel); and
(3)
That precautions (determined on a case-by-case basis by the Building Inspector) are taken to reduce the possibility of fire damage to nearby structures.
H.
Any structure or building for which a building permit has been lawfully granted prior to the effective date of this chapter which will become nonconforming under the provisions of this chapter or amendments thereto may be completed in accordance with the approved plans, provided that construction is started within 730 calendar days of the effective date of this chapter for single- and two-family construction and within 365 calendar days of the effective date of this chapter for all other development, and provided that construction is completed within 730 calendar days of the effective date of this chapter or amendments thereto. Said structure or building shall thereafter be a legal nonconforming structure or building.
I.
A variance for any and all requirements of this article is hereby automatically granted to all principal structures in their configuration existing or as finally approved as of the effective date of this chapter. However, after the effective date of this chapter such structures shall not be permitted to enlarge, expand or extend without bringing the enlargement, expansion or extension into compliance with the provisions of the chapter unless a variance is granted by the Zoning Board of Appeals per the requirements of § 250-129.
Rationale: The "blanket variance" provision of Subsection I above is intended to eliminate the continued classification and/or creation of certain principal structures as nonconforming within the jurisdiction of this chapter. This provision addresses two different situations. First: Prior to the provision of full-time inspection services, a number of structures were approved in the Village of Johnson Creek which did not meet setback requirements. Second: This chapter requires greater side yard setback requirements for certain lot sizes than did previous regulations for similar sized lots. The adoption of the provisions of Subsection I above ensure that structures approved prior to the adoption of this chapter do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming structures. This "blanket variance" is not available for accessory structures. |