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.
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.
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.)
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.
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.
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.
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.
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.
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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.
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