The Village Building Inspector, in reviewing
building permits, may grant modifications to the terms of this chapter
as provided herein.
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,
parapet walls, cupolas, domes, flues, and chimneys, are exempt from
the height limitations of this chapter.
B.
Special structures, such as elevator penthouses, grain
elevators, radio and television receiving antennas, manufacturing
equipment and necessary mechanical appurtenances, cooling towers,
fire towers, substations, and smokestacks, 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 commercial radio
and television transmission and relay towers, and observation towers
shall not exceed in height three times their distance from the nearest
lot line.
E.
Agricultural structures, such as barns and silos,
shall not exceed in height twice their distance from the nearest lot
line.
F.
Public or semipublic facilities, such as schools,
places of worship, hospitals, monuments, sanitariums, libraries and
governmental offices and stations, may be erected to a height of 60
feet, provided all required yards are increased not less than one
foot for each foot the structure exceeds the district's maximum height
requirement.
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 nor be closer than three
feet to any lot line.
B.
Architectural projections, such as chimneys, flues,
sills, eaves, belt courses, canopies and ornaments, may project into
any required yard, but such projection shall not exceed 25% of the
required setback.
C.
Fences are a permitted accessory use in any district
and may be erected with a permit, provided that fence design and construction
are approved by the Building Inspector and shall comply with the following
requirements:
(1)
Barbed wire, wire mesh (cyclone), and electric fences are prohibited in the Village of Saukville, except in the A-1 Agricultural District and except as provided in Subsection C(5) hereof, and except as a conditional use in the M-1, M-2 and B-P Districts (see § 205-58). Agricultural fences are permitted adjacent to the lot line and shall not exceed three feet in height in the street yard or six feet in height in the side yard or rear yard.
[Amended 6-3-2008 by Ord. No. 679]
(2)
Residential fences are permitted adjacent to the lot
line in the side and rear yards in residential districts, but shall
not exceed a height of six feet, and shall not extend into the street
yard except for double frontage lots and then only with the prior
approval of the Building Inspector or his or her designee.
[Amended 1-3-2012 by Ord. No. 724]
(3)
Business fences are permitted adjacent to the lot
line in the side and rear yards in business and manufacturing districts,
but shall not extend into the street yard in a manufacturing district
and shall not extend into the street yard in a business district without
the prior approval of the Plan Commission. Business fences shall not
exceed a height determined appropriate by either the Plan Commission
or Community Development Authority to achieve functional and aesthetic
requirements for screening or containment.
[Amended 1-3-2012 by Ord. No. 724]
(4)
Ornamental fences as defined in Article XVII of this chapter are permitted in any residential district without a permit, provided the location is not in a floodland area and meets the following requirements:
(a)
May be constructed in the rear or side yard
adjacent to the lot line but shall not exceed a height of three feet
nor a length of more than 24 feet total.
(b)
When located in the street yard, ornamental fences shall comply with the traffic visibility requirements set forth in § 205-63 of this chapter and shall not exceed a height of three feet or a length of six feet continuous in any direction. Ornamental fences are allowed in all other districts with a permit, provided the location is not in a floodland area, subject to the requirements set forth above.
(5)
Security fences are permitted adjacent to the property line in manufacturing districts and may contain three strands of barbed wire, but shall not exceed 10 feet in height. Security fences shall comply with the traffic visibility requirements set forth in § 205-63 of this chapter. Permits for security fences shall be reviewed by the Industrial Development Committee.
D.
Accessory uses and accessory structures (such as garden
or utility sheds, gazebos and greenhouses) permanently fixed or anchored
to the ground may be allowed in any district, not in floodland areas,
with a permit and where located in the rear yard, provided that no
single accessory structure shall exceed 144 square feet in area; no
structure shall be plainly visible from the street; no structure shall
be closer than 10 feet to the principal structure; no accessory structure
shall exceed 15 feet in height; no accessory structure or accessory
structure overhang shall be located closer than three feet to any
lot line; and the aggregate of all accessory structures shall occupy
not more than 20% of the rear yard area. Exterior finishes or construction
materials for accessory structures must be compatible with the exterior
finish of the principal structure. Permanent pole structures are prohibited
in the Village. Temporary pole structures covered with plastic, canvas,
or vinyl may be permitted for seasonal use. Portable accessory structures,
such as modular garden or utility sheds not fixed or anchored, are
allowed in any district including floodland areas without a permit
subject to the limitations set forth above and the concurrence of
the Building Inspector regarding portability.
E.
Detached residential garages shall be built in the
side or rear yard; only one detached garage is permitted per dwelling
unit; a garage shall not exceed three cars in size; a garage shall
not exceed 800 square feet in area; a garage shall be at least 10
feet from the house; a garage shall not exceed 15 feet in height;
a garage shall be at least five feet from any side or rear lot line;
and the sum of the square footage of the garage plus all accessory
structures shall not occupy more than 20% of the rear yard.
F.
Incidental accessory structures and vegetation used for landscaping and decorating may be placed in all yards, subject to traffic visibility requirements set forth in § 205-63 of this chapter. Permitted structures and vegetation include arbors, flagpoles, basketball goals, pergolas, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs, and flowers.
G.
Satellite dish antennas up to one meter in diameter
are a permitted accessory use in the rear yard in R-1, R-2, R-3 Residential
Districts. Satellite dish antennas shall be placed not closer than
three feet from any lot line or five feet to an alley line, provided
that the antenna and its component parts do not exceed 15 feet in
height. Satellite dish antennas shall be constructed and anchored
in such a manner to withstand winds of 80 miles per hour, shall be
constructed of noncombustible and corrosive-resistant materials, and
should be shielded and/or filtered to prevent the emission and/or
reflection of electromagnetic radiation that would interfere with
radio and television reception on adjacent properties. There shall
be not more than one satellite dish antenna on any residential property.
No advertising shall be displayed on a satellite dish antenna except
for the nameplate, not to exceed one square foot in area displaying
the name and address of the manufacturer, distributor, and/or retailer.
Use of satellite dish antennas in other than permitted residential
districts shall be considered a conditional use.
H.
Private swimming pools.
(1)
Private swimming pools are permitted accessory uses
in the rear yard in any district except the C-1 Conservancy District,
the FWO Floodway Overlay District, or the FFO Floodplain Fringe Overlay
District, provided that:
(a)
All in-ground swimming pools shall be surrounded
by a fence not less than five feet nor more than six feet in height
to prevent unguarded entry to the pool.
(b)
All aboveground swimming pools shall be surrounded
by a fence or otherwise protected to prevent unguarded entry to the
pool.
(c)
Access to swimming pools shall be controlled.
Access to in-ground swimming pools shall be controlled by a self-latching
gate, and all such gates shall be kept securely closed and locked
at all times when the owner is not present at the pool. For an aboveground
swimming pool, a tip-up ladder may be provided in lieu of a gate.
(d)
Swimming pools shall not be constructed directly
under or over electric transmission lines. All electrical connections
to a swimming pool shall be properly grounded so that no electrical
current can be discharged into any part of the swimming pool or the
surrounding fence.
(e)
No water drained from a swimming pool shall
be discharged onto adjacent properties without written consent on
the owner, or onto or into any on-site private sewage system, or directly
into a navigable body of water.
(f)
No lighting installed around swimming pools
shall throw any direct rays onto adjacent properties.
(g)
No private swimming pool shall be located closer
than six feet to a lot line.
(2)
A building permit shall be required for all private
swimming pools.
I.
Essential services, utilities, and electric power
and communication transmission lines are exempt from the yard and
distance requirements of this chapter.
Additions in the street yard of existing structures
shall not project beyond the average of the existing street yards
on the abutting lots or parcels.
The required street yard or setback may be decreased
in any residential district to the average of the existing street
yards of the abutting structures on each side, but shall in no case
be less than 15 feet.
Structures shall provide a front yard setback
as required by this chapter on the street that the structure faces.
A second front yard setback shall be provided on the side of the structure
abutting a public or private street. The second front yard setback
shall be the same setback as required in the local district.
Lots abutting two opposite streets shall provide
the front yard setback required by the district in which the lot is
located from each street upon which the lot abuts.
[Amended 5-7-2019 by Ord.
No. 793]
A substandard lot may be used as a building site, provided the
lot or parcel has never been developed with one or more of its structures
placed partly upon an adjacent lot or parcel, and provided the lot
or parcel is developed to comply with all other provisions of this
chapter.
