The district height limitations stipulated elsewhere in this
chapter may be exceeded, but such modification shall be in accord
with the following:
A.
Architectural projections, such as spires, belfries, parapet walls,
cupolas, domes, flues, and chimneys, are exempt from the height limitations
of this chapter.
B.
Special structures, such as grain elevators, radio and television
receiving antennas, when mounted on the roof of a principal structure,
manufacturing equipment and necessary mechanical appurtenances, cooling,
fire towers, substations, and smoke stacks, are exempt from the height
limitations of this chapter.
C.
Essential services, utilities, water towers, and electric power and
communication transmission lines are exempt from the height limitations
of this chapter.
D.
Communication structures, such as radio and television transmission
and relay towers, aerials, and observation towers, shall not exceed
in height three times their distance from the nearest lot line.
E.
Amateur radio tower owned by a federally licensed amateur radio station operator and compliant with the requirements of § 325-101 of this chapter.
F.
Agricultural structures such as barns and silos shall not exceed
in height twice their distance from the nearest lot line.
G.
Accessory structures with a maximum sidewall of 12 feet may exceed
the height limitations of this chapter to allow architectural simulation
of the principal structure.
The yard requirements stipulated elsewhere in this chapter may
be modified as follows:
A.
Uncovered stairs, landings, and fire escapes may project into any
yard but shall not exceed six feet in width nor be closer than five
feet to any lot line.
B.
Architectural projections, such as chimneys, flues, sills, eaves,
belt courses, and ornaments, may project into any required yard, but
such projection shall not exceed three feet.
C.
Accessory structures in nonresidential districts may be placed or
erected in the side or rear yard, provided that no structure shall
be closer than 10 feet to the principal structure and three feet to
any lot line unless a greater setback is required by other provisions
of this chapter.
D.
Double frontage lots. Lots extending from street to street have two
street yards: the primary street yard and the secondary street yard.
The primary street yard on a corner lot shall be that yard associated
with the mailing address or fire number, as applicable. The secondary
street yard shall be the yard opposite the primary street yard. An
accessory structure is permitted in the secondary street yard; however,
the minimum setback for the principal structure shall be maintained.
E.
Essential services, utilities, electric power, and communication
transmission lines are exempt from the yard requirements of this chapter.
F.
Landscaping and vegetation are exempt from the yard requirements
of this chapter.
G.
Dog enclosures, runs, or housing shall be a minimum of 15 feet from
the rear or side lot line and shall not be permitted in either the
street yard, the primary street yard on a corner lot or double frontage
lot, or the shore yard. Dog enclosures, runs, or housing located in
the street yard in the R-1S District require a conditional use permit.
H.
An exterior stairway, ramp, or motorized lift is permitted in an
R-1S or R-1S/MU shore yard only when:
(1)
It is needed to provide pedestrian access within the shore yard of
a lot to the shoreline to which such shore yard pertains because of
a slope having a ratio of at least two feet horizontal to one foot
vertical, or a slope made hazardous by unstable soils, including,
but not by way of limitation, rocky or wet soils.
(2)
No other areas on the lot in questions allow reasonably available pedestrian access to the shoreline without any of the limitations described in Subsection H(1) above.
(3)
The minimum horizontal distance between the side lot line and a line
parallel thereto through the nearest point of an exterior stairway,
ramp or motorized lift installation shall be three feet.
(4)
The following requirements are observed:
(a)
Except as hereinafter provided, there shall be no more than
one of the following three exterior improvements in a shore yard:
exterior stairway, ramp, or motorized lift.
(b)
"Stairway" and "ramp" shall have the same meaning as from time
to time adopted by the State of Wisconsin Building Code as contained
in the Wisconsin Administrative Code.
(c)
A motorized "lift" shall mean a motor-powered wheeled or other
conveyance which travels on a road or track formed of parallel lines
of wooden beams, lengths of stone, iron plates or rails, whose primary
function is to transport persons up and down a slope.
(d)
Notwithstanding the provisions of Subsection H(4)(a) above, if there is an exterior stairway or ramp lawfully existing at the time of the adoption of § 325-52D(4)(j) of this chapter which is located in a shore yard, a motorized lift may be installed in such shore yard if mounted to or immediately adjacent to such existing stairway or ramp.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(e)
Exterior stairways, ramps and motorized lifts shall avoid environmentally
sensitive areas, shall be placed on the most visually inconspicuous
route as viewed from the navigable waters to which such shore yard
permits.
(f)
Established vegetation which stabilizes the slope or screens
the stairway, ramp, or motorized lift from view as viewed from the
navigable waters to which such shore yard pertains shall not be removed.
(g)
Exterior stairways, ramps and motorized lifts along with any
accompanying handrails and guardrails shall be colored and screened
by vegetation so as to be inconspicuous when viewed in midsummer from
the navigable waters to which such shore yard pertains.
(h)
Roofs, canopies and closed sides for exterior stairways, ramps,
and motorized lifts are prohibited in a shore yard unless they are
detachable and are only used when necessary for safety. Open handrails
or guardrails may be installed where required for safety.
(i)
Exterior stairways, ramps, and motorized lifts shall have a
maximum width (outside dimension) of four feet and, as to motorized
lifts, shall be situated as close to the terrain as possible in order
to minimize their height and visibility.
(j)
One or more exterior platforms or landings forming part of an
exterior stairway or ramp may be installed in a shore yard when required
by the State of Wisconsin Building Code or for safety purposes, provided
that they not exceed 40 square feet in area each and have no attached
benches, chairs, seats, tables, or similar amenities.
(k)
Exterior stairways, ramps, and motorized lifts shall be supported
on piles or footings. Any filling, grading, or excavation involved
in their installation must meet the requirements of the construction
site erosion control ordinances from time to time in effect under
this chapter of the Town of West Bend Code.
I.
Accessory structures.
(1)
In secondary street yard:
(a)
An accessory structure may be placed in the secondary street
yard of a triangular shaped lot as a permitted use; however, the minimum
setback for the principal structure shall be maintained.
(b)
An accessory structure may be placed in the secondary street
yard of a corner lot as a permitted use; however, the minimum setback
for the principal structure shall be maintained.
(2)
In street yard and primary street yard:
(a)
An accessory structure located in a street yard or primary street
yard shall require a conditional use permit.
(b)
An accessory structure in the street yard or primary street
yard shall:
[1]
Comply with the street yard setback for a principal structure
within the relevant zoning district.
[2]
Be located and, if necessary, screened so as to ensure to the
greatest degree practicable that the visual impact of the accessory
structure does not:
[3]
Be located within 100 feet of the principal structure.
An addition to a principal structure located in the street yard
or in the primary street yard on a corner lot or double frontage lot
shall not project beyond the average setback of the principal structure
on the abutting lot to each side of the property in question. An addition
to an accessory structure located in the street yard or in the primary
street yard on a corner lot or double frontage lot shall not project
beyond the average setback of the accessory structure on the abutting
lot to each side of the property in question.
A.
The street yard setback or primary street yard setback on a corner
lot or double frontage lot in any residential district may be decreased
to the average distance that abutting structures located on the lot
to each side of the property in question are set back, but in no case
shall be less than 15 feet.
B.
In the event structures abut on only one side and an average cannot be determined, the distance may be decreased to the setback of the one structure, except as limited to 15 feet in a street yard setback or primary street yard setback on a corner lot or double frontage lot as set forth in § 325-54A.
C.
The shore yard shall not be reduced to a lesser setback than allowed
by any provision the Washington County Shoreland and Wetland Zoning
Ordinance (75 feet) or variance approved by the Washington County
Board of Adjustment.
Corner lots shall provide a street yard on each street that the lot abuts (see Lot Type Illustration in § 325-120 under the definition of "lot width"). The primary street yard on a corner lot shall be that associated with the mailing address or fire number, as applicable. The remaining yards shall be a rear yard behind the main entrance to the structure and one side yard.
Sirens, whistles, bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of § 325-90.
A lot located outside of a designated shoreland zoning area
which does not contain sufficient area to conform to the dimensional
requirements of this chapter but which was of record in the Washington
County Register of Deeds office prior to April 1, 1986, and is in
separate ownership from abutting lands or any lot created and approved
thereafter may be utilized as a single-family dwelling site, provided
that:
A.
Single-family dwellings are a permitted use in the zoning district.
B.
Requirements. All of the requirements of the zoning district shall
be complied with insofar as is practical but shall not be less than
the following:
|
Lot size
|
Width minimum
|
50 feet(1)
|
|
Area minimum
|
10,000 square feet
| |
|
Principal structure
|
Area minimum
|
Total: 1,200 square feet
1st Floor: 950 square feet
|
|
Height maximum
|
35 feet
| |
|
Minimum setbacks for accessory structures
|
Side and rear
|
7 feet
|
|
Minimum setbacks for principal structures
|
Street
|
25 feet(2)
|
|
Rear
|
25 feet
| |
|
Side
|
10 feet
| |
|
Shore
|
75 feet(3)
| |
|
Maximum total impervious surface area
|
35%
|
|
NOTES:
| |
|---|---|
|
(1)
|
Measured at the setback
|
|
(2)
|
Measured from the street right-of-way or paving edge of private
roads
|
|
(3)
|
Measured from the ordinary high water mark
|
C.
Substandard lots. If two or more substandard lots with continuous
frontage have the same ownership as of April 1, 1986, the classification
and use of said lots shall be governed as follows:
(1)
When such lots are vacant, they shall be treated as being combined
into one or more lots which comply with the lot size, building and
yard requirements of the zoning district where located, but in the
event district zoning requirements cannot be met by combining such
vacant lots, then the resulting lot shall be subject to the requirements
listed in the "existing substandard lots" table shown above.
(2)
When such lots have been used as one lot, i.e., by the placement
of an accessory structure on the adjacent lot or by the encroachment
of setback requirements, they shall be treated as one lot.
D.
Applications. Applications for permits for the improvement of a lot with lesser dimensions and requisites than those stated in Subsection B shall be issued only after a variance granted by the Zoning Board of Appeals.
E.
Preemption. The regulation of substandard lots within 1,000 feet of the ordinary high water mark of a lake, pond or flowage or within 300 feet of the ordinary high water mark of a river or stream or to the landward side of the floodplain, whichever distance is greater, is preempted by § NR 115.05(1)(a).3, Wis. Adm. Code, and Washington County Chapter 275, Shoreland, Wetland, Floodplain Zoning (https://ecode360.com/33433573).
