Whitefish Bay Village
City Zoning Code
City Zoning Code
ARTICLE VI
Setbacks and Lot Area
§ 16-34 Measure of permissible lot occupancy.
§ 16-35 Front and side setback.
[Amended by Ord. No. 1227; Ord. No. 1425; Ord. No. 1724; Ord. No. 1734; Ord. No. 1792; Ord. No. 1811]
A.
Required setbacks.
[Amended 12-2-2019 by Ord. No. 1858; 5-20-2024 by Ord. No. 1910]
(1)
In all districts except District 6, for all existing dwellings, the length of the front yard upon each lot, hereinafter designated as the "front setback," shall be at least:
(2)
In all districts except District 6, for all new dwellings, the length of the front yard setback shall be equal to the distance designated for such respective lot upon a front setback map and the map legend dated February 2, 1931 (as amended).
(3)
In Districts 1, 1A, 2, and 3, a porch containing a roof but no walls or screens may encroach into the required front setback as long as the following provisions are met:
(a)
The porch may encroach into the setback no more than four feet.
(b)
The encroaching part of the porch may be no more than eight feet in width including the supporting posts.
(c)
Roof overhangs may extend past the allowed dimensions to match the architectural style of the dwelling.
(d)
The porch must be unheated, open to the outside, and not contain walls or screens.
(e)
The porch may be required to go to the Architectural Review Committee as determined by the Building Inspector.
(4)
In District 6, the length of the front yard upon each lot, hereinafter designated as the "front setback," shall be at least equal to the distance designated for such respective lot upon a front setback map and the map legend and rule of said map contained. The width (measured perpendicular to the side lot line) of the side yard abutting upon a public highway of each lot, hereinafter designated as the "side setback," shall be at least equal to the distance designated for each respective lot upon the side setback map and map legend and rule on said map contained. Each of said maps is dated February 2, 1931, and is identified by the signatures of the then-President and Clerk of this Village and filed in the office of the Village Clerk-Treasurer, and amended on October 1, 1961.
(5)
In all districts except District 6, the "side yard setback" for every corner lot shall be at least equal to the distance designated upon the side setback map dated February 2, 1931 (as amended).
B.
No accessory building, gasoline pump, compressed air outlet or similar contrivance shall be constructed or maintained in any front or side yard except in compliance with Article XI, Fences, Walls and Berms, of this chapter, and no building, garage or accessory building shall be constructed or maintained within the established setback area as provided herein. If any building, garage or accessory building is constructed in District 1, 2, 3 or 4 to front on the long side of a platted lot, at least twice the side setback indicated on such side setback map on the long side of said lot as platted shall be maintained as the front setback, and the side setback shall be at least equal to the front setback indicated on such front setback map on the short side of said lot as platted.
C.
Where no setback distance is designated on the said front setback map, for buildings fronting on private roads, the front setback and front yard shall be the yard area nearest the private road, and this distance shall not be reduced from the actual distance existing on the effective date of this chapter.
D.
The Village setback map, pursuant to § 16-35 of this chapter is hereby amended with regard to Tax Key No. 165.0334 to establish front yard setbacks for that property along Santa Monica Boulevard and East Beaumont Avenue to permit the construction and maintenance of structures no more than three feet in height above grade within no less than eight feet of the right-of-way and to permit the construction and maintenance of structures in excess of three feet in height above grade to be constructed and maintained no less than 15 feet from the right-of- way.
E.
Notwithstanding the prohibitions of the Zoning Code with regard to front yard setback, little free libraries may be established and maintained in the front yard setback zone of all Village districts, subject to the following requirements:
(1)
The primary structure may be no more than three feet wide by three feet deep by three feet tall and must be mounted on a single post. The overall height of the structure shall not exceed six feet including the post;
(2)
No portion of a Little Free Library primary structure or post may be located in the public right-of-way or on public property without the consent of the appropriate state, county, or Village authority.
(3)
There shall be no more than one little free library per side of linear block of street within the Village;
(4)
Little free libraries shall be installed and maintained in a neat and orderly fashion and so as to maintain their structural integrity and safety of the public;
(5)
Little free libraries shall not constitute a public nuisance;
(6)
Little free libraries shall not obstruct the vision of pedestrians, motorists, or bicyclists in a way that risks public health or safety;
(7)
Little free libraries shall not impede drainage, snow removal or other public works or utility functions, operations, or maintenance; and
(8)
The Village Manager shall have the authority to order the removal of little free libraries that fail to comply with any of the terms of this chapter for a period greater than 30 days after notice.
(9)
"Little free libraries" are defined as small enclosures used solely as a means of the free exchange of literary material and recorded performing arts.
§ 16-36 Setback adjacent to alleys.
No garage, accessory building, gasoline pump, compressed air outlet or similar contrivance, excepting a fence, shall be constructed within five feet of any lot line which is an alley line.
§ 16-37 Maintenance of areas.
The lot or yard areas of buildings existing February 2, 1931, shall not be diminished below the requirements of this chapter, and such required areas and the areas by this chapter required for buildings thereafter erected shall not be included as part of the required area of any building hereafter erected.
§ 16-38 Alterations.
No building shall be enlarged, moved or altered so as to violate any of the requirements of this chapter.
§ 16-39 Exceptions.
A.
The requirements of this chapter, except those relating to front and rear setbacks, percentage of lot occupancy by buildings and accessory buildings, and the requirements that the lot shall front on a duly platted or dedicated public street of said Village, and shall extend from such street to the shore of Lake Michigan, shall not prevent the erection of a single-family dwelling on any lot in District 1 having a top land lot area less than 9,600 square feet or having an average width from north to south of less than 80 feet, but of at least 50 feet, in single ownership, separate and distinct from any abutting property on January 1, 1931, and that the public health, safety and general welfare of said District 1 is not impaired by such erection, which fact shall be determined by the Board of Appeals.
B.
The requirements of this chapter, except those relating to front, side and rear setbacks, and percentage of lot occupancy of buildings and accessory buildings, shall not prevent the erection of a single-family dwelling on any parcel of land in Districts 2, 3, 4, 5 and 6, provided that such parcel of land was held of record in single ownership separate and distinct from any abutting property on August 4, 1927, and provided that the Board of Appeals shall determine that the health, safety and general welfare of the neighborhood and of the district in which said lot is located is not impaired by the erection of such single-family dwelling.
C.
The requirements of this chapter, except those relating to front and rear setback and percentage of lot occupancy by buildings and accessory buildings, shall not prevent the erection of a duplex or double house on any parcel of land in Districts 3, 5 or 6, less than 7,200 square feet in area, but having two side yards, each at least five feet in width and restricted by covenant or other restriction duly recorded in the office of the Register of Deeds of Milwaukee County, Wisconsin, prior to August 4, 1927, exclusively to duplexes or double houses, respectively; provided, however, that the health, safety and general welfare of the district in which said lot is located is not impaired by such erection, which fact shall be determined by the Board of Appeals.