This article regulates the location and bulk of buildings in both residential and nonresidential developments in order to protect and enhance the desired community character of the City of Shawano. The provisions of this article interact closely with the density and intensity provisions described in Article II. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
All lots shall comply with the standards listed for each zoning district in Article II.
(1)
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. 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)
Front yard setback adjustment.
(a)
In the SR-2, SR-4, SR-5, SR-6, TR-6, MR-10, MR-20, MH-8, NMU,
CMU, and UMU Districts, a front yard setback may be reduced to the
mean of the setbacks of the immediately adjoining lots that are on
both sides of the subject lot. The following rules apply in calculating
the mean setback (see Figure 10-72):
1.
Only the setbacks on five or fewer adjoining lots, are contiguous
to each other in either direction of the subject lot, and are on the
same side of the street as each other may be used.
2.
Where a lot is vacant, the minimum setback of the zoning district
will be applied to the vacant lot and factored into the averaging
calculation.
3.
Outliers shall be excluded in calculating the mean setback as
determined by the Zoning Administrator.
4.
In residential districts, the depth of the minimum front yard
and street side 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 street side yard, shall be at least 20.
(b)
In order to preserve and maintain the character of established
neighborhoods that are typified by front yard setbacks substantially
in excess of the minimum required front yard setback, blocks with
an average street side (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 of principal structures on said
block or street.
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Figure 10-72
Front Yard Averaging Example
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(3)
Side and rear yard adjustments for buffer yards. In instances where the required buffer yard width (per Article VIII) exceeds the minimum required setback width, the minimum required buffer yard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required buffer yard.
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)
Permitted intrusions into required street side yard.
(a)
Chimneys, flues, sills, pilasters, lintels, ornamental features,
cornices, eaves, bay windows, and gutters for residential buildings,
provided that they do not extend more than 2 1/2 feet into the
required yard. These exceptions apply only to residential districts.
(b)
Entry platforms, steps and canopies, provided that they do not
extend more than five feet, provided that such stairs and landings
shall not extend above the entrance floor of the building. This shall
not apply to replacement of existing porches, steps, stairs, and landings
used for required building exit when the size is not enlarged. These
exceptions apply only to residential districts.
(c)
Steps and stairs, provided that such stairs and landings shall
not extend above the entrance floor of the building and there is adequate
on-site landing space for the base of the stairs.
(d)
Handicapped accessible ramps. Handicap ramps or other devices
required to make reasonable accommodation under the Fair Housing Act
or the Americans with Disabilities Act are to be permitted in the
required front, side, or rear yard setbacks, provided that the maximum
encroachment into a required setback is the minimum dimension required
by the Wisconsin Commercial Building Code for accessible ramps and
that no other location is feasible outside the required setbacks.
(e)
Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of § 10-106 and provided that they do not locate closer than five feet from the front or street property line.
(f)
Uncovered porches, decks, or similar appurtenances to residential
buildings which do not extend above the floor level of the building
entrance, provided that they do not extend eight feet beyond the existing
facade of the home, but shall not be nearer than five feet from any
lot line. Such structures may not encroach into the vision triangle.
(g)
Attached terraces, uncovered porches, decks, or similar appurtenances
to residential buildings that do not extend more than 18 inches above
grade, provided that they do not locate closer than eight feet to
the rear lot line, three feet from the side lot line, or five feet
from the front or street side lot line. Detached decks that do not
exceed 18 inches above grade shall meet the required setbacks for
a detached accessory structure.
(h)
Additions (including vertical additions, additional floors,
and architectural features), balconies, terraces, covered porches,
decks, or similar appurtenances not extending beyond the setback of
the existing facade may be located in the provided or required yard
setback, whichever is more permissive. If the addition is a garage
or garage addition, the minimum setback when facing the front yard,
or the street side yard, shall be at least 20 feet. In no instance
shall any new encroachment be within five feet of an adjacent structure
or three feet of a property line unless approved by the Building Inspector
to have adequate fire protection. See Figure 10-73.
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Figure 10-73
Permitted Addition in Required Yards
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(j)
Fire escapes required by the Building Inspector which do not
extend more than four feet into the required yard.
(k)
Any other provisions identified elsewhere in this chapter (landscape
features, tents, and other features where specific setbacks are established).
(2)
Permitted intrusions into required side yards.
(a)
Sills, pilasters, lintels, ornamental features, cornices, eaves,
and gutters for residential buildings, provided that 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 § 10-108.
(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 that
they do not locate closer than 20 feet to the rear lot line.
(4)
All street side or front yard setback areas. With the exception of
fences, no accessory structures shall be permitted within any portion
of a street yard or front yard, except where there is a shore yard.
In instances where there is a shore yard, shore yards 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.
The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district in Article II are the maximum permitted heights for all buildings and structures, except those exempted by this section.
(1)
The following are permitted to exceed the maximum height regulations
within any district where permitted: church spires, belfries, cupolas,
penthouses and domes, not used for human occupancy; public monuments;
water towers; fire and hose towers; mixing facilities for grain, feed,
concrete, asphalt, and gravel, including storage facilities, elevators,
and conveyors; flagpoles; chimneys, ventilators, skylights, 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, except
as prohibited by the Height Limitation Zoning Map, Shawano Municipal
Airport, Shawano, Wisconsin.
(2)
The Plan Commission may grant exceptions to the height limitations for any building or structure not otherwise accounted for by Subsection (1) above 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.
