Every principal structure or building hereafter
erected shall be located on a lot as herein defined, and in no case
shall there be more than one principal building on one lot, except
for:
A.
Planned unit developments.
B.
Multiunit buildings and institutional buildings developed
as a group.
[Amended 3-21-2023 by Ord. No. A-561]
C.
Industrial and commercial buildings where it can be
demonstrated to the satisfaction of the Zoning Administrator that
any principal building can be subsequently detached with a lot and
yards conforming to the requirements of this chapter.
D.
Temporary buildings.
Accessory uses may be allowed where they comply
with the following conditions and requirements:
A.
Size of accessory structures in residential districts.
Accessory structures in residential districts may not occupy more
than 25% of a required rear yard or 35% of any nonrequired rear yard.
In no instance shall the accessory structure exceed the ground floor
area of the main building used for residence. The measurement of accessory
structure size shall include the total of all detached or attached
accessory buildings on the lot. The total area of accessory structures
on a single lot in residential districts shall not exceed 1,000 square
feet in area, except when issued a conditional use permit under the
terms and conditions of this chapter.
B.
Separation from principal structures. Detached accessory
buildings shall be distant at least 10 feet from the principal structure
situated on the same lot, unless applicable building code requirements
for 3/4-hour fire-rated construction is met. See Wisconsin Construction
Standards, Table 321.08.
[Amended 3-21-2023 by Ord. No. A-561]
C.
Accessory structures in front yards limited. No attached
or detached accessory use or accessory structure shall be permitted
nearer to the front lot line than the legal front yard setback in
the zoning district for the principal structure or the average setback
of the principal structures on lots immediately adjoining the lot
on the same side of the street, whichever distance is less. In no
case may an accessory structure be located closer to a front lot line
than the principal structure.
D.
Accessory structure side and rear setbacks. All accessory
structures shall be set back at least three feet from all interior
lot lines. In those instances where the rear lot line is coterminous
with an alley right-of-way, the accessory building shall not be closer
than 20 feet to such rear lot line.
E.
Accessory structure setbacks on corner lots. The average setback of the four, or fewer, nearest buildings may be used to determine the side street setback of an accessory building on a corner lot, but in no case shall the reduced setback be less than 20 feet. In no case may an accessory structure be located within the vision triangle as defined in § 340-19 of this chapter.
F.
Accessory structure height. No accessory structure
shall exceed 20 feet in height. "Height" for this purpose shall mean
the vertical distance between the lowest aboveground point of the
front of the structure and the peak of the roof. A cupola, no side
of which exceeds three feet in length, and which does not extend more
than four feet above the peak of the roof, shall not be included in
measuring height. Any other cupola shall be included in the height
measurement. Chimneys shall not be included in measuring height.
G.
Accessory structures attached to principal buildings.
When an accessory building is structurally attached to a main building,
it shall be subject to, and must conform to, all regulations of this
chapter applicable to main buildings, including all yard setbacks.
If after initial construction any detached accessory building is attached
to the principal building, the newly attached accessory structure
must meet all of the applicable yard setbacks for the principal structure.
H.
Conversion of accessory structures to dwellings limited.
The conversion of any accessory structure into a dwelling or the conversion
of any dwelling so as to accommodate an increased number of dwelling
units or families shall be permitted only within a district in which
a new building for similar occupancy would be permitted under this
chapter, and only when the resulting occupancy will comply with the
requirements governing new construction in such district, with respect
to minimum lot size, lot area per dwelling unit, percentage of lot
coverage, dimensions of yards and other open spaces, and off-street
parking.
I.
Accessory structures without principal structure.
No accessory structure shall be erected or constructed prior to the
erection or construction of the principal structure.
Building construction trailers, equipment, and
materials used in conjunction with construction work shall be removed
upon completion of such construction work and issuance of a certificate
of occupancy.
No person in control of property shall allow
a tree or shrub to be placed or grow or an accessory structure to
be located and constructed so as to cast a shadow between the hours
of 9:00 a.m. and 3:00 p.m. upon a solar collector energy system capable
of generating more than 1,000,000 British thermal units per year and
that supplies a part of the energy requirements for improvements on
the property where the solar energy system is permanently located.
The provisions of this section shall not require the removal of existing
vegetation or existing accessory structures.
A.
Minimum lot size. Every building and use of land shall
have a lot area and width of not less than that required for the district;
provided, however, that such lot requirements shall not apply to a
lot smaller than herein required if such lot has been of record prior
to the effective date of this chapter; provided further, however,
that such smaller lot shall not be used for a use or structure that
would not have been allowed under the City's zoning regulations that
were in force immediately prior to the adoption of this chapter.
B.
Lot size and minimum yard dimensions. No lot, yard,
court, parking area, or other space shall be reduced in area or dimension
so as to make the area or dimension less than the minimum required
by this chapter.
C.
Division of lots. No lot improved with a building
or buildings shall hereafter be divided into two or more lots, and
no portion of any lot that is improved with a building or buildings
shall be sold, unless all lots resulting from each such division or
sale and improved with a building or buildings shall conform to all
of the area and bulk regulations of the district in which the property
is located.
D.
Street frontage required. Except as permitted by other
provisions of this chapter, no lot shall contain any building used
in whole or in part for residential purposes unless such lot abuts
for at least 30 feet on a public street.
E.
Frontage modifications. In the case of curvilinear
streets, the Zoning Administrator may authorize a reduction of the
otherwise specified lot frontage in residential districts, provided
that the lot width measured in the building line shall equal the frontage
required in the district where located.
F.
Double frontage lots. Buildings on lots having frontage
on two nonintersecting streets need not have a rear yard if an equivalent
open space is provided on the lot in lieu of such required rear yard;
applicable front yards must be provided, however, on both streets.
G.
Average depth of front yards. In any residential district
or the C-3 Central Business District Fringe where the average depth
of existing front yards on the two lots nearest to the lot in question,
on the same side of the street and within the same block front, is
less than the least front yard depth prescribed elsewhere in this
chapter, the required depth of the front yard on such lot may be modified
to be not less than the average depth of the existing front yards;
provided, however, that in a residential district the depth of the
minimum front yard on any lot shall be at least 15 feet, and the minimum
setback for an attached or detached garage facing the front yard,
or the side street side yard, shall be 20 feet.
H.
Nonresidential special front setback. Whenever a nonresidential
use will abut a residential use at a side yard or at a rear yard on
a corner lot, the nonresidential use shall have a front yard setback
equal to the existing adjoining residential setback or 3/4 of the
required front yard setback for the adjoining residential district,
whichever is less.
I.
Additional side yard width. Required side yards shall
be increased in width two feet for each five feet that a building
exceeds 20 feet in height, except that side yards for nonresidential
uses in residential districts or abutting a residential district shall
be increased in width three feet for each five feet that a building
exceeds 20 feet in height. Height exceptions listed elsewhere in this
chapter shall be excluded from this requirement.
J.
Nonresidential side yards. The side yard of a nonresidential
lot adjoining a residential district along its side lot line shall
meet the side yard requirements of the adjoining residential district.
K.
Corner lots. Corner lots shall maintain a side yard
setback on all public streets that is the same as the required front
yard setback, unless otherwise required in this chapter.
L.
Rear yards adjoining residences. The rear yard requirements
of a nonresidential use adjoining a residential district shall be
increased over the rear yard requirement of the district in which
the development occurs by one foot for each five feet in height that
a building exceeds 20 feet in height.
M.
Projections into yards in residential districts. Cornices,
eaves, bay windows, chimneys or other architectural features may project
into any required yard or court a distance of not more than two feet
six inches. Attached decks, carports, platforms, and fire escapes
shall meet the setback and yard requirements of the district.
A.
Height requirement exceptions for certain building
appurtenances. The height limitations of this chapter shall not apply
to church spires, belfries, cupolas, penthouses and domes, not used
for human occupancy, nor to chimneys, ventilators, skylights, towers,
water tanks, similar features, and necessary mechanical appurtenances
usually carried above roof level. The provisions of this chapter shall
not apply to prevent the erection above the building height limit
of a parapet wall or cornice for ornament (and without windows) extending
above such height limit not more than five feet. Such features, however,
shall be erected only to such height as is necessary to accomplish
the purpose they are to serve and subject to the Wisconsin State Building
Code.
B.
Height exceptions for certain public buildings and
institutions. Public and semipublic hospitals, institutions, schools,
or public utility and service buildings, when permitted in a residential
district, may be erected to a height not exceeding 75 feet, provided
such specified buildings shall be set back from the front, rear and
side lot lines on the ratio of two feet for every one foot of building
height greater than 40 feet. Such specified requirements, however,
shall apply in addition to the other requirements for building line
setbacks and for rear and side yards specifically set forth in this
chapter.
C.
Conditional use exceptions to the height limitations.
The Commission may grant exceptions to the height limitations for
a new structure or may set the maximum height of a structure on an
individual lot as a conditional use and may set special requirements
as part of the approval under the terms and conditions of this chapter.
A.
Development permit required. Filling of low areas
on lots or sites in the City of Lodi involving amounts of fill in
excess of 100 cubic yards shall require a development permit issued
by the Zoning Administrator.
B.
Plans required. Applicants for approval to fill must
submit plans indicating the amount of fill proposed, type of fill,
and the location of the fill.
C.
Development review costs. Upon inspection of the site,
the Zoning Administrator may request the City staff, City Engineer,
or other technical consultants to the City to review the proposed
fill and submit a written comment on the proposal. The costs of such
review shall be borne by the applicant. The City reserves the right
to require an escrow account of such costs.
D.
Permit limitations. In the City Engineer determines
that the proposed fill would cause flooding or drainage problems on
adjoining properties, the Zoning Administrator may reject, condition,
or impose limitations on the proposed filling.
A.
Side setbacks. Driveways shall have at least a three-foot
maintenance setback from all side property lines, except where driveways
are shared between two or more property owners.
B.
Public street intersection setbacks shall be accordance with Chapter 167, Driveways, of this Code.
[Amended 10-10-2006 by Ord. No. A-361; 8-18-2015 by Ord. No. A-488]
C.
Surface. Driveways shall be constructed in accordance with the standards set forth in Chapter 167, Driveways.
[Amended 8-18-2015 by Ord. No. A-488]
E.
Time of construction. Driveways shall be constructed
prior to occupancy.
A.
Vision triangle clearance. No wall or fence shall
be permitted which materially impedes vision across a vision triangle
consisting of a triangular corner setback 15 feet from intersecting
public street right-of-way lines and 15 feet from intersecting alleys
and driveways.
B.
Height limitation. Fences in residential districts
may not exceed 3 1/2 feet in required front yards. In side and
rear yards, fences may not exceed six feet in height.
C.
Limitation on open-grid metal fences. Metallic cyclone-type
or other open-grid fences may not be used in required front yards
in residential districts.
D.
Fences in front yards. Fences in front yards must
be ornamental; open-grid metal fences are not permitted in front yards.
E.
Barbed wire or electrical fences. Barbed wire, electric
fences, or security fences shall be permitted by conditional use permit
only.
F.
Swimming pools. Prior to the time when any water is
placed in a swimming pool, the swimming pool shall be surrounded by
a security fence that is a minimum of four feet in height. All gates
shall be secured when the pool is unattended. Aboveground pools with
a wall four feet in height or higher shall not require a fence; however,
ladders for these pools shall be removed when not in use and steps
to decks abutting these pools shall be secured with gates when unattended.
A.
Vision triangle at public streets. A vision triangle
extending 15 feet from all public street right-of-way intersections
shall be maintained. No wall, fence, structure, utility structure
or appurtenance, or vegetation shall be permitted within such vision
triangle which materially impedes vision between the height of 2 1/2
feet and 10 feet.
B.
Vision triangle at alleys and driveways. A vision
triangle extending 15 feet from alleys and driveway surfaces shall
be maintained. No wall, fence, structure, utility structure or appurtenance,
or vegetation shall be permitted within such vision triangle that
materially impedes vision between the height of 2 1/2 feet and 10
feet. Development in the C-2 Central Business District shall be exempt
from this requirement.
A.
Title. This section of this chapter shall be referred
to in this Code as the "Design Guideline Ordinance."
B.
Applicability. All new construction, additions and remodeling for
commercial, industrial, institutional, two-unit residential and multiple-unit
residential uses shall comply with the Design Guideline Ordinance.
[Amended 9-4-2018 by Ord.
No. A-521; 3-21-2023 by Ord. No. A-561]
C.
Guiding principles.
(1)
Buildings shall be designed to present an inoffensive
exterior appearance and to meet generally accepted taste and community
standards.
(2)
Building design shall not have an exterior appearance
which is so similar to those within reasonable proximity as to create
an excessive monotony.
(3)
Exposed facades shall be constructed or faced with
a finished material which is aesthetically compatible with other nearby
facades or which presents an attractive appearance to the public and
to the surrounding properties.
D.
Design guidelines. The following design guidelines
are established for all development to which this chapter applies.
(1)
Building design.
(a)
Architectural style is not restricted; style
of structures, however, should be consistent with the surrounding
area.
(b)
The composition of major building elements, such as massing,
roof lines, colors and materials, should complement and contribute
to a desirable community identity.
[Amended 9-4-2018 by Ord.
No. A-521]
(c)
Colors should be harmonious and relate to the
overall site and to the City as a whole.
(2)
Exterior lighting.
(a)
Exterior lighting should not shine on or adversely
impact neighboring properties or streets.
(b)
Exterior lighting components, such as fixtures,
standards and exposed accessories, should be consistent with the overall
site design.
(c)
The height of exterior lighting fixtures should
be compatible with the scale of adjacent buildings.
(3)
Guidelines for landscaping.
E.
Permits, fees, and approval of designs.
(1)
Forms. Permits shall be on forms as prescribed by the City and shall
include sufficient information, images, and diagrams in order for
the City to determine compliance with this section.
(2)
Fees. Fees for design review shall be set from time to time by the
Common Council by resolution. Fees shall be paid to the City Clerk
at the time of submittal of the permit forms.
(3)
Minor projects. Permits for minor projects consisting of additions
or remodeling of existing buildings, which consist of less than 50%
in area of the square footage of the existing building, shall be reviewed
and approved by the Zoning Administrator. The Zoning Administrator
may, at his or her discretion, refer the permit approval to the Plan
Commission.
(4)
Major projects. Permits for major projects consisting of new construction
or expansions of existing buildings in excess of 50% in area of the
square footage of the existing building shall be reviewed and approved
by the Plan Commission.
(5)
Building permit. A building permit shall not be issued for any development
subject to this section until a design review application has been
approved by the Zoning Administrator or Plan Commission.
