A. 
Applicable standards. Lots, buildings, and other structures not located within a planned development district must conform to the dimensional standards specified in Appendix C,[1] except as may be otherwise allowed in this chapter. The standards for lots, buildings, and other structures in a planned development district are enumerated in the general development plan for the zoning district.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
B. 
Change in lot. The size and/or configuration of a lot shall not be modified by any means when such modification increases the degree of an existing nonconformity or makes a conforming lot or building nonconforming. This restriction does not, however, apply when a governmental body acquires land from a willing or unwilling seller for a road construction project or any other public project.
A. 
Intent. The size of buildable lots, along with other dimensional standards, are used to encourage mutually compatible uses as set forth in the Village's Comprehensive Plan.
B. 
Standard. The minimum size of lots must comply with the standards specified in Appendix C,[1] except when such lots are otherwise authorized herein.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. An outlot created by a land division that is authorized by the Village is exempt from the minimum lot size requirements if such parcel is dedicated to the public or used for stormwater facilities or other types of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot area. Lot area is measured on the horizontal plane and excludes the following:
(1) 
The area, if any, between the front lot line and the base setback line so designated on Washington County's Highway Width Map;
(2) 
That area of a flag lot that constitutes the stem; and
(3) 
Fifty percent of the land below the ordinary high-water mark.
E. 
Use of a lot not meeting specified dimensional standards. The use of a vacant nonconforming lot is governed by requirements in Article 15.
F. 
Change in lot with a conditional use. The property boundary lines of a lot containing a conditional use shall not be modified in any manner without the express authorization of the Village Board upon recommendation of the Plan Commission. If the Plan Commission determines that the proposed reconfiguration or change in lot area is substantive, the proposed change may only occur if the Village Board grants a new approval of the proposed lot consistent with the review procedures and requirements for a conditional use in effect at the time.
G. 
Lot area in the context of land divisions. Minimum lot area requirements are one of many factors that affect how many lots could potentially be created through the land division process.
A. 
Intent. Standards controlling the configuration of lots are intended to avoid oddly shaped lots, multisided lots, and any other configuration that increases the likelihood a property owner might seek relief from a dimensional standard arising from a poorly designed lot.
B. 
Standard. Side lot lines must be substantially at right angles or radial to street lines. Lot lines shall not cross municipal boundaries. As a general rule, lots must be rectangular in shape, and lots having more than five sides shall be avoided. However, a lot line may follow the center of the stream when lot(s) on either side conform with all other requirements.
C. 
Depth and width. The depth to width ratio of a lot must not exceed 2.5 to 1. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to exceed this standard to account for special circumstances, provided that all other requirements can be met. A special exception shall not be granted when doing so will allow an increase in the number of lots that could be created through the land division process.
A. 
Intent. The concept of residential density regulations is to control the intensity of land use in relationship to the natural, physical, and ecological characteristics of the area; the capacity for adequate sewage disposal; the ability to provide appropriate municipal services; basic economic factors, and to achieve the desired character as set forth in the Village's Comprehensive Plan.
B. 
Standard. The maximum number of lots within a proposed development must comply with the standards specified in Appendix C.[1] If the zoning district does not specify a density, the maximum lot density is presumed to be one principal building per the minimum required lot size.
[1]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Calculation.
(1) 
The maximum number of lots that could potentially be created in a development project is calculated as follows:
(gross area - deductions) / lot density = maximum lots
(2) 
For example, in a district with a maximum density of one building lot per three acres, no more than 10 lots would be allowed to be created from a parcel of 30 acres, assuming there are no deductions.
A. 
Intent. Each lot must have direct physical access to the road system.
B. 
Standard. Each lot must have frontage on a public street for physical access to the lot in the location approved by the Village, Washington County, or State of Wisconsin for the distance specified in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. A parcel created by a land division that is authorized by the Village is exempt from the street frontage requirements if such parcel is dedicated to the public or used for stormwater facilities and/or other type of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot frontage. Lot frontage is measured along the front lot line or the base setback line established by the Washington County Highway Width Map, whichever is furthest from the center of the abutting roadway. Frontage on a public road where access is prohibited by the body with jurisdiction to control access does not constitute frontage for the purpose of this section.
A. 
Intent. Lot width requirements, along with other dimensional standards, establish minimum requirements to ensure compatibility of lots and that lots are buildable consistent with the character as set forth in the Village's Comprehensive Plan.
B. 
Standard. The width of lots must comply with the standards specified in Appendix C,[1] unless otherwise modified.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. A parcel created by a land division that is authorized by the Village is exempt from the lot width requirements if such parcel is to be dedicated to the public or used for stormwater facilities and/or other types of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot width. Lot width is measured along an imaginary line generally parallel to the front lot line and at the front-yard building setback line.
A. 
Intent. Lots fronting on a lake must have a sufficient width to provide for reasonable access to the water for use and enjoyment.
B. 
Measurement of water frontage. Water frontage is measured perpendicular to one or both of the side lot lines at the ordinary high-water mark.
A. 
Intent. Standards for controlling the minimum and maximum floor area of buildings are intended to ensure development is compatible with the size of the lot and the character of development as set forth in the Village's Comprehensive Plan.
B. 
Measurement of floor area. Floor area is measured from exterior wall to exterior wall. In multi-unit buildings, floor area is measured from exterior wall to exterior wall and from the center of common walls between adjoining units.
C. 
Standard for residential living area. A building intended in whole or part for residential purposes must provide a minimum floor area as specified in Appendix C.[1] Such minimums are stated in terms of the minimum total floor area required for a building and that portion of the total which must be provided on the first-floor level. In a split level building the first-floor level shall include all areas which are not over another living area of the building. The following are specifically not included in such measurement:
(1) 
Basements and crawl spaces;
(2) 
Attics not used for living purposes;
(3) 
Attached garages;
(4) 
Breezeways;
(5) 
Unheated sunrooms;
(6) 
Porches;
(7) 
Balconies;
(8) 
Stoops;
(9) 
Any space above the first floor, where the floor-to-ceiling height is less than seven feet; and
(10) 
Similar features.
[1]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
D. 
Standard for residential garages. The floor area of residential garages must comply with the standards in Appendix C.[2]
[2]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
A. 
Intent. Building coverage is a measure of how much of a lot is occupied by buildings and is used in conjunction with other standards, such as building height, to ensure buildings fit the character of each zoning district as generally set forth in the Village's Comprehensive Plan.
B. 
Standards. Development on a lot must comply with the building coverage standards set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement and calculation of building coverage.
(1) 
Building coverage is the ratio of the footprint of all buildings on a lot to the net lot area, expressed as a percent. It is calculated as follows:
(total floor area / net lot area) x 100 = building coverage
(2) 
For the purpose of this section, total floor area is the footprint of all buildings measured from the outside of exterior walls. The following are specifically not included in such measurement:
(a) 
Decks,
(b) 
Patios,
(c) 
Swimming pools, and
(d) 
Any building with a footprint of 50 square feet or less.
(3) 
For the purpose of this subsection, net lot area is described in § 170.861.
A. 
Intent. Standards to control the amount of impervious surface are intended to protect natural vegetation, land features, and the aesthetics of a lot for the benefit of the subject property and surrounding properties.
B. 
Standard. The amount of land disturbance must comply with the standards specified in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement and calculation of impervious surface.
(1) 
Impervious surface is the ratio of total impervious surface on a lot to the net lot area, expressed as a percent. It is calculated as follows:
(total impervious surface / net lot area) x 100 = impervious surface
(2) 
For the purpose of this section, net lot area is described in § 170.861.
A. 
Intent. Standards controlling the height of buildings and other structures, along with other dimensional standards, to ensure that structures fit the character of each zoning district as generally set forth in the Village's Comprehensive Plan.
B. 
Standard. Except as specified in this section, the height of buildings and other structures must comply with the standards specified in Appendix C,[1] except as modified.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement of building height. The vertical distance from the grade plane to the average height of the highest roof surface.
Exhibit 6-1
Measuring Building Height
170-Exhibit6-1.tif
D. 
Modifications. The height standards in Appendix C are modified as follows:
(1) 
Essential services, such as utilities, water towers, transmission towers and lines, are exempt from the height limitation for the zoning district in which they are located.
(2) 
The height of telecommunication towers is governed by the standards established under Appendix B.[2]
[2]
Code Editor's Note: Appendix B is included in Chapter 170A, Zoning Appendix.
(3) 
Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception for spires, steeples, cupolas, and chimneys on institutional, commercial, and industrial buildings.
A. 
Intent. Building setback standards, along with other dimensional standards, establish a pattern of development in each of the zoning districts. The established setback standards provide for a varying degree of:
(1) 
Privacy between neighbors;
(2) 
Separation to mitigate noise and odor;
(3) 
Space for light and air circulation;
(4) 
Land for landscaping, recreational use, pleasure, and stormwater management;
(5) 
Land for maintaining the exterior of buildings and other structures;
(6) 
Room for the placement and maintenance of underground and aboveground utilities; and
(7) 
Room for emergency vehicles between and around buildings and other structures.
B. 
Generally. Except as allowed in this section, buildings must comply with the setback requirements set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Establishment of base setback line. Base setback lines are established generally parallel to the center line of all public streets and ways, and shall be located on the street right-of-way line as shown on the Washington County Highway Width Map as may be amended from time to time.
D. 
Setback standards. No building shall be erected, structurally altered, or relocated so that any vertical wall/support, supporting a roofed or enclosed portion is closer to the base setback line than the setback distance specified in Appendix C, except as allowed in this section. For the purpose of this section, a roof overhang of 24 inches or less is not included in any setback measurement.
E. 
Setback averaging.
(1) 
The following exceptions apply only where the setback requirements affect all properties identically:
(a) 
Where the nearest existing building on one side of the building is within 150 feet and has less than the required setback, the average between the existing setback and the required setback applies.
(b) 
Where the nearest existing buildings on both sides of a building are within 500 feet of the building, but not closer than 300 feet to each other, and have less than the required setback, the average of the existing setbacks and the required setback applies.
(c) 
Where the nearest buildings on both sides of a building are within 300 feet of each other and have less than the required setback, the average between the existing setbacks applies.
(d) 
In the case of a proposed addition to an existing building which has less than the required setback, such existing building may be considered the "nearest existing building" in order to apply these exceptions in determining the required setback for the proposed addition.
(2) 
For the purpose of this subsection, the following rules apply when applying setback averaging:
(a) 
Building projections which may extend into the setback area are not to be included.
(b) 
Setback reductions as allowed by a variance shall not be included.
F. 
Decks and porches. Decks and porches are considered to be part of the building and therefore must comply with all applicable setback requirements or as allowed in Subsection H below.
G. 
Wheelchair access ramps. The Building Inspector may, upon written petition, allow the construction of an unenclosed wheelchair access ramp in a setback area, provided that the proposed location for the ramp is the only reasonable location based on the existing configuration of the building and the ramp encroaches into the offset area no more than is necessary to provide access to the building. Also see Article 16 for additional provisions relating to reasonable accommodations.
H. 
Use of setback areas. The only permanent structures permitted within the setback area include necessary public utility devices, fences, and those signs permitted in residential and agricultural zoning districts and in the P-1 District. Any required setback area shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles, or any other material.
I. 
Corner lots. On corner lots of record, as of April 1, 2022, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet. If setback regulations create a building envelope that is less than 30 feet wide, the Plan Commission may approve a lesser setback as a special exception consistent with the procedures and requirements in Article 5.
J. 
Exceptions. The following may be located in a required setback, provided that they do not extend into, or are located within, a utility easement or a required fire lane and meet all other requirements of this chapter:
(1) 
Landscaping;
(2) 
Retaining walls;
(3) 
Fences;
(4) 
Freestanding mailboxes and newspaper boxes;
(5) 
Play equipment, except not in a front yard;
(6) 
Small objects easily moved by hand, such as birdbaths, birdfeeders, and birdhouses;
(7) 
Portable grills, picnic tables, and yard furniture, but not when located on a patio or deck;
(8) 
Gardens;
(9) 
Flagpoles;
(10) 
Compost bins;
(11) 
Clotheslines;
(12) 
Sidewalks, but not closer than five feet to a lot line of a parcel;
(13) 
Driveways, but not closer than five feet to a side lot line;
(14) 
Specified building projections as described in Exhibit 6-2;
(15) 
Components of a private on-site sewage system, including holding tanks (if allowed), leach fields, and septic tanks, provided that separation requirements in Chapter 16 of the General Code of Washington County are met;
(16) 
Wellheads not located in a building or other structure, provided that separation requirements in state law are met;
(17) 
Those structures and uses where applicable development standards in Appendix C[2] either exempt the structure or use from setback requirements or establish alternate setbacks requirements; and
[2]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
(18) 
Other structures and land uses when exempted by the Zoning Administrator, provided that such exemption is in keeping with the intent of this chapter.
Exhibit 6-2
Allowable Building Projections Into Required Setback
Feature
Maximum Projection
Sills, belt courses, buttresses, cornices, ornamental features, and the like
8 inches into a required front, side, or rear yard
Eaves
24 inches into a required front, side, or rear yard
Chimneys
36 inches into a required front, side, or rear yard
Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers
5 feet into a required side or rear yard
Balconies
3 feet into a required front or side yard;
5 feet into a required rear yard
Steps, stoops, and porches, provided that they are not higher than the ground floor elevation
8 feet into a required front yard;
3 feet into a required side or rear yard
On-site sewage systems and water wells shall comply with all separation requirements as may be established by Washington County or the State of Wisconsin.
No accessory building shall be erected, structurally altered, or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building on the lot, without a firewall.
Except as may be permitted in this section, a detached accessory building must be located behind the front face (i.e., face of the building closest to the street) of the principal building (Exhibit 6-3). In the case of a corner lot, the detached accessory building shall meet the minimum setback requirements from all streets. Only accessory buildings for agricultural uses are permitted in front of the principal building. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to allow an accessory building in front of the principal building. In making such decision, the Plan Commission must consider:
A. 
The size of the subject property;
B. 
The character of the area;
C. 
The size of the proposed accessory building;
D. 
The extent to which the proposed accessory building is visible from public and private streets and other properties in the area;
E. 
The practical difficulty in placing the proposed accessory building in the location described in this subsection; and
F. 
Other factors related to relevant circumstances.
Exhibit 6-3
Placement of Accessory Buildings
170-Draft1.tif
A. 
Generally. Every building hereafter erected, structurally altered, or relocated shall be located on a single lot. In no case, except in business districts, industrial districts, and planned development districts, shall there be more than one principal building on a lot, except as provided in this section. The principal residential building shall be built first in all districts.
B. 
Distinction between one building and multiple buildings.
(1) 
In the administration of this section, a person may not claim that two or more buildings should be counted as one building by virtue of any of the following:
(a) 
Connection by a breezeway of any length;
(b) 
Connection by a deck;
(c) 
Connection by a porch;
(d) 
Any underground connection of any type;
(e) 
Any connection that is not heated, ventilated, or air conditioned in the same manner as the main building;
(f) 
Any connection that serves no significant purpose other than a walkway;
(g) 
Any connection that is significantly smaller in dimension than the connected parts; or
(h) 
Any connection that allows motor vehicles to drive through the connection.
(2) 
The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
C. 
Exception.
(1) 
The Village Board, upon recommendation of the Plan Commission, may approve the issuance of a new single-family residential home building permit, and allow the occupancy of an existing residential structure on a parcel, for a period of time not to exceed two years during the construction of the new residence. Such approval shall be subject to specifications and additional conditions as required by the Plan Commission and Village Board, in the interest of the health, safety, and welfare of the Village.
(2) 
Prior to issuance of the building permit, the property owner must provide a cash deposit, approved by the Building Inspector and the Village Board, and a signed agreement, approved by the Village Attorney and the Village Board. The financial guarantee shall equal 110% of the cost of removing the existing residential building and restoring the site to an acceptable condition as determined by the Building Inspector. In setting the amount of the financial guarantee, the property owner may submit, and the Building Inspector may require the property owner to submit, bids from qualified contractors for all work related to the removal of the building and restoration of the site. The signed agreement must, at a minimum, include the following provisions:
(a) 
The property owner will remove the existing residential building within 60 days from the issuance of the occupancy permit for the new residence.
(b) 
The Village is authorized to access the property to remove the existing residential building if the property owner fails to do so within 60 days of issuance of an occupancy permit for the new residence.
(c) 
The Village may assess a special charge against the subject property to the extent the financial guarantee is insufficient to remove the existing residential building and restore the site to an acceptable condition as determined by the Building Inspector.
D. 
Additional standards. When this chapter allows more than one principal building on a lot, the Plan Commission or Village Board, as appropriate, may:
(1) 
Require a greater setback than what is normally required for the zoning district in which it is located;
(2) 
Require additional landscaping;
(3) 
Establish a minimum separation between principal buildings; and
(4) 
Impose any other condition necessary to account for concerns related to the purposes of this chapter as set forth in § 170.05 or in other sections of this chapter.
A. 
Generally. The number of accessory buildings on a lot must comply with the requirements set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
B. 
Distinction between one building and multiple buildings.
(1) 
In the administration of this section, a person may not claim that two or more buildings should be counted as one building by virtue of any of the following:
(a) 
Connection by a breezeway of any length;
(b) 
Connection by a deck;
(c) 
Connection by a porch;
(d) 
Any underground connection of any type;
(e) 
Any connection that is not heated, ventilated, or air conditioned in the same manner of the main building;
(f) 
Any connection that serves no significant purpose other than a walkway;
(g) 
Any connection that is significantly smaller in dimension than the connected parts; or
(h) 
Any connection that allows motor vehicles to drive through the connection.
(2) 
The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
C. 
Rural accessory buildings. Pursuant to the procedures and requirements in Article 5, the Plan Commission may allow more accessory buildings than what is specified when one or more of the accessory buildings on a lot are designated as a rural accessory building.