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 Village of East Troy. The provisions of this article interact closely with the density and intensity provisions described in Article
VII. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of Article
IX.
All residential lots shall comply with the standards prescribed by this section, §Â
510-39, and the bulk requirements listed for each residential zoning district in Articles
II,
III,
IV and
V.
All nonresidential lots created under the provisions of this chapter shall comply with the standards of this section and the bulk requirements related to the specific zoning district used as listed in Articles
III,
IV and
V.
Front yard setbacks should be adjusted as follows when the described
conditions or circumstances exist:
A. Limitations on yard setback adjustments.
(1)Â No yard shall be reduced in area or dimension so as to make such
yard 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.
(2)Â No required yard or lot area allocated to satisfy the minimum yard
or lot area requirements for one building or structure shall be used
to satisfy the minimum yard or lot area requirement for another building
or structure.
B. Side and rear yard adjustments for bufferyards. In instances where the required bufferyard width (per Article
XIV) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard.
C. Street side (front yard) setback adjustments.
(1)Â For lots located adjacent to a street with an officially mapped or
existing right-of-way equal to or exceeding 100 feet, a forty-foot
setback is required to address anticipated future conditions of noise
and air quality.
(2)Â The required street side (front yard) setback for any use may be
reduced for a principal structure on any lot where more than 50% of
the same type of principal structure on the same block or same street
does not meet the required front yard setback. In such instances,
the required front yard setback for the proposed structure shall be
the average of all the adjoining same type principal structures on
said block or street.
(3)Â In order 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, the following shall apply:
blocks with an average street side (front yard) setback more than
five feet over the minimum required front yard setback shall be increased
to the average of the adjoining same type of principal structures
on said block or street.
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. Permitted intrusions into required street side yard:
(1)Â Chimneys, flues, sills, pilasters, lintels, ornamental features,
cornices, eaves, and gutters for residential buildings, provided that
they do not extend more than 2Â 1/2 feet into the required yard.
(2) Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of §Â
510-95 and provided that they do not locate closer than five feet to the front or street property line.
(3)Â Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances
to residential buildings which do not extend above the floor level
of the adjacent building entrance, provided that they do not locate
closer than 20 feet to any street right-of-way.
(4) Fences on residential or nonresidential lots which do not exceed four feet in height, provided that they do not locate closer than six inches to any street right-of-way. Permitted fence types shall comply with the provisions of §Â
510-97.
B. Permitted intrusions into required side yards.
(1)Â Sills, pilasters, lintels, ornamental features, cornices, eaves,
and gutters for residential buildings, provided that they do not extend
more than 2Â 1/2 feet into the required yard.
(2) Fences may locate on the property line. Permitted fence types shall comply with the provisions of §Â
510-97.
(3)Â Fire escapes (on residential buildings) which do not extend more
than three feet into the required yard.
C. Permitted intrusions into required rear yards. Terraces, steps, uncovered
porches, decks, stoops, or similar appurtenances to residential buildings
which do not extend more than one foot above grade, provided that
they do not locate closer than 20 feet to the rear lot line.
D. All street side (front yard) setback areas. With the exception of
fences, no accessory structures shall be permitted within any portion
of a street yard (front yard), except where there is a shore yard.
In instances where there is a shore yard, shore yards shall be treated
as front yards and street yards as rear yards, whereby accessory structures
may be located between a principal building and a street frontage
on the same lot.
[Added 11-20-2017 by Ord.
No. 2017-15]
The following structures are allowed in all yard setback areas,
but not closer than three feet to an abutting property boundary line:
A. Garden pools, fountains, and statuary.
B. Flagpoles on residential properties, not exceeding 24 feet in height
above the ground surface. The area around the flagpole may not be
mounded or built up in any manner to increase the overall height of
the flagpole above the surrounding grade.
C. Flagpoles on commercial, industrial, and institutional properties,
not exceeding 32 feet in height above the ground surface, as depicted
on an approved site plan. The area around the flagpole may not be
mounded or built up in any manner to increase the overall height of
the flagpole above the surrounding grade.
The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district in Articles
III,
IV and
V are the maximum permitted heights for all buildings and structures, except those exempted by this section.
A. The following are permitted to exceed the maximum height regulations
within any district where permitted: church spires, belfries, cupolas,
domes which do not contain usable space, public monuments, water towers,
fire and hose towers, and flagpoles.
B. The following require a conditional use permit to exceed 10 feet
in height: chimneys, smokestacks, cooling towers, and elevator penthouses.
C. Any building or structure not otherwise accounted for by Subsections
A and
B above may exceed said maximum height regulations with the granting of a conditional use permit which specifically states the maximum permitted height of the proposed building or structure.
[Added 9-17-2012 by Ord. No. 2012-08]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CANOPY and AWNING
A permanent structure without walls for the purpose of shielding
driveways, sidewalks, or service areas from the elements. Canopies
are composed of solid materials such as metal and/or wood. Awnings
may have a metal or wood frame but typically have surfaces composed
of canvas, vinyl or similar flexible material.
B. Districts permitted. Canopies and awnings are permitted in all zoning
districts.
C. Regulations.
(1) Plan Commission approval required. All canopies and awnings shall require Plan Commission approval either through the site review process (§Â
510-160) or the Downtown Overlay Zoning District review process (§Â
510-78) for the properties located in that overlay district.
(2)Â Structural requirements.
(a)Â
The structural support of all canopies and awnings shall be
approved by the Zoning Administrator as in compliance with the Building
Code of the Village of East Troy and shall meet the State Building
Code.
(b)Â
All frames and supports of all canopies and awnings shall be
of metal and designed to withstand a wind pressure of not less than
40 pounds per square foot of area and shall be constructed to receive
dead loads as required in the Village of East Troy Building Code and
other ordinances.
(c)Â
Canopies and awnings shall be attached to a building, and no
ground-mounted supports shall be placed within a public right-of-way.
(3)Â Height. All canopies and awnings shall be constructed and erected
so that the lowest portion thereof shall not be less than eight feet
above nor greater than 20 feet above the level of the sidewalk or
public thoroughfare.
(4) Setback. Canopies and awnings shall comply with all setbacks applicable to the principal structure; except, however, that in the Central Business District all canopies and awnings may extend to the side property lines and may extend out from the building facade up to one foot of the back of the curb pursuant to §Â
510-129.1.
[Amended 7-18-2016 by Ord. No. 2016-08]