West Bend Town City Zoning Code
ARTICLE VII
Modifications
§ 325-51 Height.
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
A.
Architectural projections, such as spires, belfries, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.
B.
Special structures, such as grain elevators, radio and television receiving antennas, when mounted on the roof of a principal structure, manufacturing equipment and necessary mechanical appurtenances, cooling, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.
C.
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.
D.
Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line.
E.
Amateur radio tower owned by a federally licensed amateur radio station operator and compliant with the requirements of § 325-101 of this chapter.
F.
Agricultural structures, such as barns and silos, shall not exceed in height twice their distance from the nearest lot line.
G.
Accessory structures, except in the R-1S District, with a maximum sidewall of 12 feet may exceed the height limitations of this chapter to allow architectural simulation of the principal structure.
§ 325-52 Yards.
The yard requirements stipulated elsewhere in this chapter may be modified as follows:
A.
Uncovered stairs, landings, and fire escapes may project into any yard but shall not exceed six feet in width nor be closer than five feet to any lot line.
B.
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed three feet.
C.
(Reserved)
D.
Double frontage lots. Lots extending from street to street have two street yards: the primary street yard and the secondary street yard. The primary street yard on a corner lot shall be that yard associated with the mailing address or fire number, as applicable. The secondary street yard shall be the yard opposite the primary street yard. An accessory structure is permitted in the secondary street yard; however, the minimum setback for the principal structure shall be maintained.
E.
Essential services, utilities, electric power, and communication transmission lines are allowed in any yard.
F.
(Reserved)
§ 325-54 Average setbacks.
A.
The street yard setback or primary street yard setback on a corner lot or double frontage lot in any residential district may be decreased to the average distance that abutting structures located on the lot to each side of the property in question are set back, but in no case shall be less than 15 feet.
B.
In the event structures abut on only one side and an average cannot be determined, the distance may be decreased to the setback of the one structure, except as limited to 15 feet in a street yard setback or primary street yard setback on a corner lot or double frontage lot as set forth in § 325-54A.
C.
The shore yard shall not be reduced to a lesser setback than allowed by any provision the Washington County Shoreland and Wetland Zoning Ordinance (75 feet) or variance approved by the Washington County Board of Adjustment.
§ 325-57 Existing substandard lots outside of shoreland area.
A lot located outside of a designated shoreland zoning area which does not contain sufficient area to conform to the dimensional requirements of this chapter but which was of record in the Washington County Register of Deeds office prior to April 1, 1986, may be utilized as a single-family dwelling site, provided that:
A.
Single-family dwellings are a permitted use in the zoning district.
B.
Requirements. All of the requirements of the zoning district shall be complied with insofar as is practical but shall not be less than the following:
Lot size | Width minimum | 50 feet(1) |
Area minimum | 10,000 square feet | |
Principal structure | Area minimum | Total: 1,200 square feet 1st Floor: 950 square feet |
Height maximum | 35 feet | |
Minimum setbacks for accessory structures | Side and rear | 7 feet |
Minimum setbacks for principal structures | Street | 25 feet(2) |
Rear | 25 feet | |
Side | 10 feet | |
Maximum total impervious surface area | 35% |
NOTES: | |
|---|---|
(1) | Measured at the setback |
(2) | Measured from the street right-of-way or paving edge of private roads |
C.
Substandard lots. If two or more substandard lots with continuous frontage have the same ownership as of April 1, 1986, the classification and use of said lots shall be governed as follows:
(1)
When such lots are vacant, they shall be treated as being combined into one or more lots which comply with the lot size, building and yard requirements of the zoning district where located, but in the event district zoning requirements cannot be met by combining such vacant lots, then the resulting lot shall be subject to the requirements listed in the "existing substandard lots" table shown above.
(2)
When such lots have been used as one lot, i.e., by the placement of an accessory structure on the adjacent lot or by the encroachment of setback requirements, they shall be treated as one lot.
D.
Applications. Applications for permits for the improvement of a lot with lesser dimensions and requisites than those stated in Subsection B shall be issued only after a variance granted by the Zoning Board of Appeals.
E.
Preemption. The regulation of substandard lots within 1,000 feet of the ordinary high water mark of a lake, pond or flowage or within 300 feet of the ordinary high water mark of a river or stream or to the landward side of the floodplain, whichever distance is greater, is preempted by § NR 115.05(1)(a).3, Wis. Adm. Code, and Washington County Chapter 275, Shoreland, Wetland, Floodplain Zoning (https://ecode360.com/33433573).