[Amended 10-13-2020 by Ord. No. 2642]
A. Measurement of lot area. The lot area is the total area within the
lot lines of a lot, excluding any street right-of-way or ultimate
right-of-way in all districts.
B. Percentages and fractions. When a measurement results in a fractional
number or percentage, any fraction of 1/2 or less shall be rounded
down to the next lower whole number, and any fraction of more than
1/2 shall be rounded up to the next higher whole number. Any percentage
of 0.5% or greater shall be rounded up to the next higher whole number,
and any percentage less than 0.5% shall be rounded down to the next
lower whole number.
C. Dimensions.
[Added 4-25-2023 by Ord. No. 2668]
D. Lot types.
[Added 4-25-2023 by Ord. No. 2668]
E. Zero-lot-line residential development. Zero-lot-line residential
developments (see Figure VI-2) may be permitted in the Rd-1 and Rm-1
Districts where the following provisions are met:
[Amended 4-25-2023 by Ord. No. 2668]
(1) Lot area and width. Lots shall have a minimum area of 6,200 square
feet and shall not be less than 50 feet in width with one dwelling
unit per lot.
(2) Setback and yards.
(a)
There shall be a minimum setback of 50 feet from the right-of-way
of all public streets or from private drives. There shall be a side
yard requirement on one side of a building of not less than 15 feet.
The dwelling unit shall be placed on one side property line with a
zero-foot side yard. The minimum distance between buildings shall
be 30 feet. There shall be a rear yard of not less than 15 feet for
all lots unless the Plan Commission permits the rear lot line to be
a second zero lot line.
(b)
All buildings shall be a minimum of 50 feet from an adjacent
single-family lot line in a single-family residential district.
(3) Other requirements.
(a)
Buildings constructed shall be of the row (party wall) dwelling
type and shall consist of a row of attached dwelling units.
(b)
Each dwelling unit shall have separate utility connections.
Attached dwellings may have one sanitary and stormwater lateral run
and two separate water meters.
F. Lots of record. An existing legal lot that contains less area than
the lot requirements of this chapter may be used as a building site,
provided that the proposed use is allowed in the zoning district.
(1) Minimum lot size requirements shown in the zoning districts apply
to the creation of new lots and do not affect existing legally created
lots or parcels, provided that the lot is a lot of record in the Waukesha
County Register of Deeds' office prior to the effective date of this
chapter.
(2) Vacant buildable lots of record can be used as a building site, provided
that the use is allowed in the zoning district and the lot has frontage
on and access to a public street. If an existing structure on a lot
of record were to be damaged or destroyed, it would be allowed to
be rebuilt in accordance with the Building Code and these Zoning Regulations.
(3) New building permits issued under this section shall be required
to meet the setback and other yard requirements of this chapter. A
building proposed with lesser dimensions and requisites than those
stated in the code shall be issued a building permit only after a
variance by the Board of Appeals.
(4) If two or more lots with continuous frontage, one or more of which
contains less land area or width than required by this chapter, have
the same ownership as of the effective date of this chapter, the lots
involved may be considered to be an individual parcel for the purpose
of this chapter. If a permanent shared driveway easement is used to
achieve access to either parcel, said property owners shall be required
to enter into a recordable document prohibiting the sale of either
property independent of the other. Said restrictions shall be confirmed
through a deed restriction recorded as to both parcels and said restriction
may not be amended without the consensus/approval of the City.
(5) If two or more adjoining lots with the same ownership are used or
built on as one parcel, then the individual lots may not be considered
separate until all buildings, utilities, and appurtenant structures
are removed, vacated, or set back in accordance with the standards
of this chapter.
(6) If two adjoining lots, where only one may have frontage and/or access
to a public ROW, and both are considered legal lots of record, both
lots may be developed into one home site each but both parcels shall
have a deed restriction recorded against them for a permanent driveway
access and this access easement shall not be removed without consensus/approval
of the City.
G. Where a lot is located partially within a C-1 or C-2 District and/or is subject to a conservation easement and partially within another district, that portion of the lot within the C-1 or C-2 District may be used to meet the minimum area requirements of the adjoining use district, provided that the area within the C-1 or C-2 District is reduced by an amount computed using the adjusted tract acreage approach as described under §
275-33G(2). The adjusted tract acreage shall not apply to land divisions (CSMs). A conservation easement shall be used to protect the C-1, C-2 or conservation area.
[Amended 10-13-2020 by Ord. No. 2642]
A. Measurement of height. The "height of a structure" shall mean the
vertical distance from the average grade adjoining the walls of the
structure to the average of the highest points of the roof surface
of a flat roof, or to the deckline of a mansard roof, or the mean
height level between eaves and ridge for a gable, hip or gambrel roof.
B. Exemptions and exceptions to height regulations. The district height
limitations set forth elsewhere in this chapter may be exceeded, but
such modification shall be in accord with the following standards,
subject to Plan Commission approval:
(1) Exemptions. The following uses and structures are exempt from the
height limitations of this chapter:
(a)
Architectural projections. Architectural projections which are
integral to a principal structure, such as spires, steeples, belfries,
parapet walls, cupolas, domes, flues, and chimneys.
(b)
Special structures. Special structures, such as elevator penthouses,
gas tanks, grain elevators, observation towers, scenery lofts, heating
and air-conditioning equipment and necessary mechanical appurtenances,
cooling towers, fire towers, ornamental towers, substations, and smokestacks.
(c)
Essential services. Essential services, such as utilities, water
towers, electric power and communication transmission lines.
(d)
Solar collectors. Solar collectors and wind energy conversion
systems (windmills), provided that they shall not exceed a height
equal to their distance to the nearest lot line.
(2) Communication structures. The height of telecommunications structures is regulated in §
275-41C(16).
(3) Agricultural structures. Agricultural structures, such as barns,
silos, and windmills, may exceed a height of 35 feet, provided that
all required yards are increased not less than one foot for each additional
foot the structure exceeds 35 feet.
[Amended 9-23-2014 by Ord. No. 2529; 10-13-2020 by Ord. No. 2642; 4-25-2023 by Ord. No. 2668]
A. Measurement of a setback.
(1) Corner lots. Structures on corner lots shall provide a front setback
as required by this chapter on the street that the structure faces.
A second front yard shall be provided on the side of the structure
abutting a second public or private street. The second front yard
is referred to as the "side on corner." The setbacks on each street
shall be the same distance. The remaining yards shall be a side yard
and a rear yard. The functional rear of the house shall face the rear
yard, which shall be opposite of the front yard. Staff may administratively
approve reductions to the front setbacks for the side on corner up
to 25% on lots less than 100 feet in width.
(2) Double-frontage lots. Structures on lots abutting two opposite streets
shall be provided with a front setback and a rear setback. The Director
or a designee shall select where the front setback shall be applied
and where the rear setback shall be applied in a manner that prohibits
access to a double-frontage lot from two arterial streets. The selected
front setback area shall be required to comply with the front setback
requirements for the district in which the lot is located. The selected
rear setback area shall be required to comply with the rear setback
requirements for the district in which the lot is located, and the
rear setback area shall be screened from arterial streets with fencing
or landscaping, as may be appropriate. Accessory structures may be
placed in the designated rear setback area but shall be located no
closer to the street right-of-way than the required setback for accessory
structures. For purposes of selecting the front yard, the architectural
front of the structure shall be designated as the front yard.
(3) Side-entry garage setback. When a garage is proposed with an entry
facing an interior lot line, the garage shall be set back a minimum
of 30 feet from the lot line opposite the garage door to provide for
adequate maneuvering space. The setback shall be measured perpendicular
from the edge closest to the street of each garage door opening. There
shall be a twenty-four-foot access radius in and out of the garage
door.
C. Average front setback. For new structures, additions to existing
structures or accessory structures, the required front setback may,
with Plan Commission approval, be decreased in any residential or
business districts to the average of the existing front setbacks of
the abutting structures on each side but in no case less than 15 feet
in any residential district and five feet in any business district.
D. Exemptions and exceptions to yard and setback requirements. The district
yard and setback requirements set forth elsewhere in this chapter
may be modified, but such modification shall be in accord with the
following standards, subject to Plan Commission approval:
(1) Exemptions. The following uses and structures are exempt from the
yard and setback limitations of this chapter:
(a)
Essential services. Essential services, such as utilities, electric
power and communication transmission lines.
(b)
Landscaping and vegetation. Landscaping and vegetation shall
comply with the vision triangle requirements set forth in this chapter.
(c)
Building connections. For nonresidential uses, building interconnections
between buildings and adjacent parcels for shared or common operations
shall not be considered for setback purposes.
(2) Architectural projections. Architectural projections, limited to
eaves and wing walls, if the building is constructed to the full permitted
building width or depth, may project into any yard, but such projection
shall not exceed three feet.
(3) Attached accessory uses. Uncovered stairs, decks sized for entry
purposes only, stoops, landings, fire escapes, gutters, decks and
awnings may project into any yard but not to exceed six feet and not
closer than five feet to any lot line.
(4) Vision clearance triangle. No obstructions, such as structures, parking,
landscaping or vegetation, shall be permitted in any district between
the heights of three feet and 10 feet above the plane through the
mean curb grades within the triangular space formed by any two intersecting
right-of-way lines and a line joining those points.
(a)
Intersection of local streets. The corner cutoff distances establishing
the vision triangle clearance space shall be 30 feet.
(b)
Intersection with arterial streets. In the case of arterial
streets, one or more of which has an established right-of-way of 80
feet or more, intersecting with any other street, the corner cutoff
distances establishing the vision triangle clearance space shall be
60 feet.
(c)
Intersection with a railway. In the case of a railway intersecting
with a street, the corner cutoff distances establishing the vision
triangle clearance space shall be 120 feet.