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 Jefferson. 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.
A.
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.
B.
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; stage
towers or scenery lofts; water towers; fire and hose towers; tanks;
utility poles; flagpoles; chimneys; cooling towers; exhaust pipes;
ventilators; skylights; telecommunications towers and antennas; satellite
dishes; elevator bulkheads, grain elevators, feed mills, grain and
seed mixing bins, concrete mixing bins, and other necessary mechanical
appurtenances usually carried above roof level; and similar features.
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.
A.
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.
B.
Front yard setback adjustments.
(1)
Decrease of front yard setback.
(a)
In the SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TF-10, MRL-8,
MRM-12, NMU, 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 300-4.30a):
[1]
Only the front yard setbacks on five or fewer adjoining
lots, which are contiguous to each other in either direction of the
subject lot and which are on the same side of the street as each other
on the same block, may be used.
[2]
Where a lot is vacant, the minimum front yard setback
of the zoning district for the proposed use will be applied to the
vacant lot and factored into the averaging calculation.
[3]
Outliers, defined as yards with a setback that
is equal to or greater than twice that of the next largest setback
among the adjoining lots and thus which do not fit the established
pattern of front yard setbacks, shall be excluded in calculating the
mean front yard setback, as determined by the Building/Zoning Inspector.
[4]
In residential districts, the minimum front yard
and street side yard setback on any lot shall be at least 10 feet.
The minimum setback for an attached or detached accessory building
facing the front yard or street side yard shall be at least 20 feet.
(2)
Increase of front yard setback.
(a)
In the SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TF-10, MRL-8,
MRM-12, NMU, and UMU Districts, blocks with mean front yard setback
more than five feet over the minimum required front yard setback shall
be increased to the mean of the adjoining same type of principal structures
on said block or street. This regulation is intended 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.
(b)
Outliers, defined as yards with a setback that is equal to or
less than half that of the next smallest setback among the adjoining
lots and thus which do not fit the established pattern of front yard
setbacks, shall be excluded in calculating the mean front yard setback,
as determined by the Building/Zoning Inspector.
(c)
Street side yard setback adjustments (for corner lots). On corner
lots in the SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TF-10, MRL-8,
MRM-12, NMU, and UMU Districts, the street side yard setback may be
reduced to 10 feet, as may be necessary to attain at thirty-foot buildable
width. The required interior side yard setback must be maintained.
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Figure 300-4.30a
Front Yard Averaging Example
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C.
Side yard setback adjustments.
(1)
Side yard adjustments for bufferyards. In instances where the required bufferyard width (per Article VIII) exceeds the minimum required side setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard, with the exception of utility boxes/cabinets and other minor accessory structures exempt from the setback requirements of this chapter.
(2)
Side yard adjustments for small lots. On lots under separate
ownership on the effective date of this chapter and less than 50 feet
in width, the side yard may be reduced to 10% of the lot width but
not less than three feet.
D.
Rear yard setback adjustments.
(1)
Rear yard adjustments for bufferyards. In instances where the required bufferyard width (per Article VIII) exceeds the minimum required rear setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard, with the exception of utility boxes/cabinets and other minor accessory structures exempt from the setback requirements of this chapter.
(2)
Rear yard adjustments for small lots. On lots under separate
ownership on the effective date of this chapter and less than 100
feet in depth, the rear yard may be reduced to 20% of the lot depth.
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.
A.
With the exception of fences, minor accessory structures, and the
permitted projections described in this section, no principal or accessory
structures shall be permitted within any portion of a front or street
side yard.
B.
Permitted projections into all required yards.
(1)
For residential buildings, the ordinary projection of sills,
belt courses, cornices, gutters, eaves, overhangs, ornamental features,
pilasters, lintels, bay windows, chimneys, and flues, provided they
do not extend more than two feet into the required yards.
(4)
Additions (including vertical additions, additional floors,
and architectural features), balconies, terraces, covered porches,
or similar appurtenances not extending beyond the setback of the existing
facade, may be located in the provided or required yard setback, whichever
more permissive. If the addition is a front-loaded garage or front-loaded
garage addition, the minimum setback when facing the front yard or
street side yard shall be at least 12 feet. In no instance shall any
new encroachment be within five feet of an adjacent structure or three
feet of a property line. See Figure 300-4.40a.
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Figure 300-4.40a
Permitted Addition in Required Yards
Note: Building additions must meet the design standards of Article VII.
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(5)
Handicap accessible ramps.
(a)
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 any required setbacks, provided that the
maximum encroachment into a required setback is the minimum dimension
required by the Wisconsin Commercial Building Code or Wisconsin Uniform
Dwelling Code for accessible ramps and that no other location is feasible
outside the required setbacks. Only temporary and removable ramps
shall be permitted to encroach into the required setbacks.
(b)
Handicap ramp permit. Handicap ramps proposed for placement
within required setback areas shall secure a building permit from
the Building Inspector prior to construction. An application for a
permit shall include a written statement explaining the reasons for
the placement of the handicap ramp. The Building/Zoning Inspector
may also require a statement from a physician verifying the need for
a handicap ramp.
(c)
Aesthetic treatments. Handicap ramps must have dense landscaping
or skirting covering the lower open portion of the ramp, shall be
kept in good repair, and shall include landscape treatments buffering
the handicap ramp from adjacent properties.
(d)
Handicap ramp removal. When a handicap ramp is placed within
the required setback, the Building/Zoning Inspector, may periodically
require verification of the continual need for the handicap ramp.
When it has been determined the handicap ramp is no longer needed,
the Building/Zoning Inspector, may order its immediate removal.
(6)
Any other provisions identified elsewhere in this chapter (landscape
features, tents, and other features where specific setbacks are established).
C.
Permitted projections into required front yards.
(3)
Uncovered entry platforms and steps necessary to comply with
current ingress and egress regulations provided they do not extend
more than four feet into the front yard setback and are no more than
six feet wide. Steps from the platform may extend into the front setback
area for the distance needed to meet minimum building code requirements
for risers and treads. Replacement steps for porches may be as wide
as the steps being replaced and may extend into the front setback
area for the distance needed to meet minimum building code requirements
for risers and treads. These exceptions apply only to residential
districts.
D.
Permitted projections into required street side yards (for corner
lots).
E.
Permitted projections into required interior side yards.
(1)
Open fire escapes, fireproof outside stairways, and balconies
opening upon fire towers may project into a side yard not more than
3 1/2 feet when so placed as not to obstruct light and ventilation.
(2)
Uncovered entry platforms and steps necessary to comply with
current ingress and egress regulations provided they do not extend
more than four feet into the interior side yard setback and are no
more than six feet wide. Steps from the platform may extend into the
front setback area for the distance needed to meet minimum building
code requirements for risers and treads. Replacement steps for porches
may be as wide as the steps being replaced and may extend into the
front setback area for the distance needed to meet minimum building
code requirements for risers and treads. These exceptions apply only
to residential districts.
(3)
Uncovered patios and decks on single-family and two-family dwelling
units not to exceed 12 inches above the established grade, and shall
not be nearer than five feet from the adjacent side lot line.
F.
Permitted projections into required rear yards.
(1)
Attached terraces, uncovered porches, patios, decks, steps,
stoops, or similar appurtenances to single-family and two-family residential
buildings which do not extend more than 12 inches above the established
grade, provided they do not locate closer than 20 feet to the rear
lot line.
(2)
Recreational equipment accessory to a residential use, provided
a five-foot setback is maintained for all lot lines.
(3)
Open fire escapes, fireproof outside stairways, and balconies
opening upon fire towers may project into a rear yard not more than
3 1/2 feet when so placed as not to obstruct light and ventilation.
G.
Permitted projections in the Planned Unit Development District (PUD):
per approved specific implementation plan.
