The following structures or parts thereof are allowed to exceed the height limitations set forth in the several districts as set forth in this section unless restrictions are provided pursuant to the issuance of a conditional use permit under Article 33 of this chapter; provided, however, that said structures shall not exceed in height their distance from the nearest lot line unless designed to collapse within a smaller area as evidenced by an engineering certification submitted to the Planning and Development Department:
A. 
Architectural projections. Spires, belfries, steeples, cupolas, domes, parapet walls, chimneys and flues shall not exceed the height required by the district by more than the distance from the nearest lot line, provided that such projection is firmly anchored or affixed to the structure.
B. 
Communication structures. Radio and television transmission and relay towers, cellular and digital communication towers [mobile service support structures, as defined in § 66.0404(1)(n), Wis. Stats.], and aerials.
C. 
Essential services. Utility poles, water towers, standpipes, electric power and communication transmission lines with the provision, however, that said structures are exempt from the height limitations of this chapter.
D. 
Special structures. Elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks may be exempted from the height limitations of this chapter.
E. 
Other structures. Any structure located within an area surrounding an existing airport and which is subject to additional height regulations shall not exceed the heights therein established.
A. 
The following structures or parts thereof shall be allowed to project into or to be constructed in a required yard within the area otherwise prohibited by a building yard line unless restrictions are provided pursuant to the issuance of a conditional use permit under Article 33 of this chapter:
(1) 
Alley setback for any structure shall be 10 feet.
(2) 
Awnings and canopies not to exceed four feet into any yard.
(3) 
Balconies not to exceed six feet into any rear yard or side yard and not closer than three feet to any lot line. Balconies are not permitted to project into a street yard or shore yard.
(4) 
Bay windows not to exceed four feet into any yard.
(5) 
Belt courses and ornaments not to exceed three feet into any yard.
(6) 
Chimneys and flues not to exceed two feet into any yard.
(7) 
Clothesline posts (rear or side yard only).
(8) 
Decks not to exceed 10 feet into any required rear yard or side yard, and not closer than five feet to any side lot line or 15 feet to any rear lot line.
(9) 
Driveways shall not be closer than two feet to any side lot line.
(10) 
Eaves not to exceed three feet into any yard.
(11) 
Essential services, utilities, electric power and communication transmission lines are exempt from the yard requirements of this chapter.
(12) 
Fire escapes not projecting into the required rear or side yard by more than six feet and not closer than three feet to any lot line.
(13) 
Fences, walls and hedges in accordance with Article 13 of this chapter. Where fences on adjoining properties existing prior to September 1, 1984, are located closer than two feet to a public right-of-way, the applicant may construct a fence with an equal encroachment upon the required setback.
(14) 
Flagpoles in any yard.
(15) 
Garbage containers, nonpermanent (rear yard only).
(16) 
Guardhouse or gatehouse or bus shelters in any street yard.
(17) 
Landscape features such as sundials, terraces (open), ornamental lights, birdbaths, etc.
(18) 
Mailbox located in highway right-of-way.
(19) 
Off-street parking lots are permitted in rear yards in all districts (except one- and two-family residential districts) and in front and side yards in the business and industrial districts, provided the parking shall not be closer than 20 feet to the public right-of-way if the business or industrial district abuts a residential district, and not closer than 10 feet to a lot line if the business or industrial district abuts a residential district.
(20) 
Open or enclosed porches shall not extend into or encroach upon any setback requirement.
(21) 
Overhanging roof, eaves, gutter, cornice or other architectural feature not to exceed three feet.
(22) 
Patios are permitted in any yard except street yards and shore yards and shall be located at least five feet from any side or rear lot line.
(23) 
Planting boxes into any yard.
(24) 
Recreational apparatus (except swimming pools and tennis courts) (rear and side yard only), such as playground equipment.
(25) 
Satellite dish antennas in excess of two feet in diameter shall be at least five feet from a side or rear lot line. Satellite dish antennas in excess of two feet in diameter shall not be located in a street yard or shore yard. Freestanding hobby radio towers not more than 50 feet in height may be located in a side or rear yard only, and guy wires must be at least five feet from any side or rear lot line in a residential district.
(26) 
Sidewalks, driveways and steps for access purposes into any yards.
(27) 
Signs (in accordance with Article 12 of this chapter).
(28) 
Steps, stairs (entry) and landings to a dwelling (uncovered and nonenclosed), not to project more than four feet (landing not to exceed four feet by six feet) into the street yard or shore yard, no closer than three feet to any side lot line, and no closer than 15 feet to any rear lot line.
(29) 
Structural steps and stairs in the shore yard necessary for access to the lake shall not exceed five feet in width, and any necessary landings shall not exceed 32 square feet in area (see § 490-15.4).
(30) 
Trees, shrubs, flowers and other plants, in accordance with the vision requirements of § 490-11.1 of this chapter.
(31) 
Yard and service lighting fixtures and poles into any yard.
A. 
Reduced principal structure setback in the street yard.
(1) 
A setback less than the sixty-five-foot required setback from the right-of-way of a state or county trunk highway or less than the thirty-foot required setback from the right-of-way of any other road shall be permitted for a principal structure and shall be determined as follows:
(a) 
Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the right-of-way, provided all of the following are met:
[1] 
Both of the existing principal structures are located on adjacent lot to the proposed principal structure.
[2] 
Where one or both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest structure.
[3] 
Both of the existing principal structures are located less than 65 feet from the right-of-way of a state or county trunk highway or less than 30 feet from the right-of-way of any other road.
[4] 
The average setback shall not be reduced to less than 50 feet from the right-of-way of a state or county trunk highway or less than 20 feet from the right-of-way of any other road.
(b) 
Where there is an existing principal structure in only one direction, the setback shall equal the average of the distance the existing principal structure is set back from the right-of-way and the required setback of 65 feet from the right-of-way of a state or county trunk highway or the required setback of 30 feet from the right-of-way of any other road, provided all of the following are met:
[1] 
The existing principal structure is located on adjacent lot to the proposed principal structure.
[2] 
The existing principal structure is located within 250 feet of the proposed principal structure and is the closest structure.
[3] 
The existing principal structure is located less than 65 feet from the right-of-way of a state or county trunk highway or less than 30 feet from the right-of-way of any other road.
[4] 
The average setback shall not be reduced to less than 50 feet from the right-of-way of a state or county trunk highway or less than 20 feet from the right-of-way of any other road.
(2) 
Unless exempt under Subsection B or reduced under Subsection D, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.
B. 
Exempt structures. All of the following structures are exempt from the shoreland setback standards:
(1) 
Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor. A boathouse is a nonhabitable structure and shall be designed and used exclusively for marine equipment; no fireplaces, patio doors, plumbing, heating, air conditioning, cooking facilities or other features inconsistent with the use of the structure exclusively as a boathouse shall be allowed. (See also § 490-19.11 in Article 19, Accessory Building Regulations.)
(2) 
Open-sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in § 59.692(1v), Wis. Stats.
(3) 
Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.
(4) 
Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with Ch. SPS 383, Wis. Adm. Code, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control stormwater runoff from the structure.
(5) 
Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60 inches in width.
(6) 
Devices or systems used to treat runoff from impervious surfaces.
C. 
Existing exempt structures. Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled, provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. The Village may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.
D. 
Reduced principal structure setback in the shoreland. A setback less than the seventy-five-foot required setback from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows (see Appendix D[1]):
(1) 
Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary high-water mark, provided all of the following are met:
(a) 
Both of the existing principal structures are located on adjacent lots to the proposed principal structure.
(b) 
Where one or both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest structure.
(c) 
Both of the existing principal structures are located less than 75 feet from the ordinary high-water mark.
(d) 
The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.
(2) 
Where there is an existing principal structure in only one direction, the setback shall equal the average of the distance the existing principal structure is set back from the ordinary high-water mark and the required setback of 75 feet from the ordinary high-water mark, provided all of the following are met:
(a) 
The existing principal structure is located on adjacent lot to the proposed principal structure.
(b) 
The existing principal structure is located within 250 feet of the proposed principal structure and is the closest structure.
(c) 
The existing principal structure is located less than 75 feet from the ordinary high-water mark.
(d) 
The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.
[1]
Editor's Note: Appendix D, Shoreland Setback Averaging, is included as an attachment to this chapter.
Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound-level standards of this chapter.
Each corner lot shall have two street yards, one side yard, and one rear yard. The side and rear yard are interchangeable for setback purposes.