The Town Building Inspector, in reviewing building permits,
may grant modifications to the yard requirements stipulated elsewhere
in this chapter as follows:
A.
Uncovered stairs, landings, terraces, porches, balconies, and fire
escapes may project into any yard, but not to exceed six feet and
not closer than 10 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 projections shall not exceed three feet.
C.
Residential fences are permitted on the property lines in residential
districts but shall not in any case exceed a height of six feet, shall
not exceed a height of four feet in the street yard, and shall not
be closer than one foot to any existing public right-of-way.
D.
Security fences are permitted on the property lines in all districts
except residential districts but shall not exceed 10 feet in height
and shall be of an open type similar to woven wire or wrought iron
fencing.
E.
Essential services, utilities, electric power, and communications
transmission lines are exempt from the height, yard, and distance
requirements of this chapter.
F.
This section does not apply to antennas and communications towers.
G.
Retaining
walls are permitted in all districts but shall not be closer than
one foot to any property line. The retaining wall's height shall
not be greater than the distance to any property line, and shall not
exceed a height of 10 feet. Retaining walls in residential districts
and closer than 10 feet to any property line shall be constructed
of natural stone or concrete retaining wall blocks and shall not exceed
a height of six feet. Retaining walls along navigable waterways to
protect the shoreline from erosion shall be exempt from the restrictions
of this subsection.
[Added 1-9-2023 by Ord. No. 2023-01]
[Added 12-12-2016 by Ord.
No. 6-2016]
A.
Purpose. The Plan Commission may hear an application for a special exception from those requirements of this chapter described in Subsection E, below, and may grant a special exception permit if the Plan Commission finds that such special exception is in harmony with the general purpose and intent of this chapter, is in accordance with the specific requirements of this section, and meets all of the criteria set forth in Subsection D, below.
B.
Application. An applicant shall provide the Plan Commission Clerk
with a complete application containing all of the following:
(1)
A map of the subject property showing all lands for which the
special exception is proposed and all other lands within 200 feet
of the boundaries of the subject property. The map shall contain all
lot dimensions of the subject property, a graphic scale, and a North
arrow.
(2)
A written description of the proposed special exception describing
the specific requirements of the special exception proposed for the
subject property.
(3)
A site plan of the subject property as proposed for development.
(4)
Written justification for the requested special exception consisting
of the reasons why the applicant believes the proposed special exception
is appropriate.
C.
Notice, public hearing and decision. The Plan Commission shall, after
publishing a Class 2 notice under Ch. 985, Wis. Stats., hold a public
hearing upon each application for special exception, listing the time,
place and special exception proposed. Following the hearing the Plan
Commission shall vote on the proposed special exception and state
in writing the grounds for granting or refusing the special exception
permit.
D.
E.
Permitted special exceptions. Special exceptions may be granted only
with respect to the following requirements of this chapter:
F.
Conditions. The Plan Commission, in considering and granting an application
for a special exception permit, may condition the granting of a special
exception on the compliance by the applicant with other conditions,
including, but not limited to, landscaping, site plan changes, deed
restrictions, and any other requirements necessary to fulfill the
purpose and intent of this chapter. The applicant shall also comply
with all applicable state statutes and rules.
G.
Factors. In making its determination under Subsection A, the Plan Commission may consider factors such as characteristics of the real property, including, but not limited to, relative placement of improvements thereon with respect to property boundaries or otherwise applicable setbacks; existing and future use of property; useful life of improvements at issue; disability of an occupant; aesthetics; degree of noncompliance with the requirement from which a special exception is sought; proximity to and character of surrounding properties; zoning of the area in which property is located and neighboring areas; and the purpose and intent of the Zoning Code subsection imposing the requirement.
H.
Revocation. Where the conditions of a special exception permit are
violated or the related use is discontinued for 12 months or longer,
the special exception permit shall be subject to review and possible
revocation by the Plan Commission.
I.
Recording. A special exception approved by the Town shall not be
considered to be in effect until the applicant has provided the Town
with the appropriate documentation to enable a land covenant that
incorporates said permit to be recorded with the Sheboygan County
Register of Deeds.
[Added 11-8-2021 by Ord. No. 10-2021]
